George and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision to affirm the mandatory cancellation of the applicant's visa. The applicant failed to pass the character test due to a substantial criminal record, which included offences such as driving without a licence and breaching an apprehended domestic violence order. The applicant sought revocation of the visa cancellation, arguing that there was another reason why the original decision should be revoked, citing his family ties in Australia, including children and a partner, and his desire to support them.

The court was required to determine whether there was another reason why the mandatory cancellation of the applicant's visa should be revoked, having regard to Ministerial Direction 99. This involved assessing the primary consideration of protecting the Australian community, including the nature and seriousness of the applicant's conduct and the risk of reoffending, against other considerations such as the applicant's ties to Australia and the best interests of any minor children.

The Tribunal considered the applicant's criminal conduct, noting that acts of family violence are viewed very seriously. The applicant's record included a breach of an apprehended domestic violence order, which prohibited contact with his partner. The Tribunal also noted the applicant's offence of driving without a licence. Despite the applicant's submissions regarding his family responsibilities and his stated intention not to reoffend, the Tribunal found that the seriousness of his offending, particularly the breach of the ADVO, suggested a risk of reoffending. The Tribunal concluded that the considerations favouring non-revocation did not outweigh the other considerations, and therefore affirmed the original decision.