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

This matter concerned an application for review of a mandatory visa cancellation decision made under section 501(3A) of the *Migration Act 1958* (Cth). The applicant, Mr Gerrard, had a substantial criminal record and did not pass the character test. The Minister had refused to revoke the cancellation under section 501CA(4) of the Act. The Administrative Appeals Tribunal, constituted by Senior Member Mrs J C Kelly, was required to determine whether there was another reason why the visa cancellation should be revoked.

The Tribunal considered the provisions of Direction No. 90, which guides decision-makers on character issues. The primary consideration was the protection of the Australian community from criminal or other serious conduct. This involved assessing the nature and seriousness of the applicant's conduct and the risk to the community should further offences be committed. The applicant's criminal history included a conviction for reckless wounding (domestic violence) and contravening a prohibition order, for which he was sentenced to 15 months imprisonment. These offences occurred in the victim's home and involved violence against his sister, while the applicant was already subject to a court order for previous violent offences.

The Tribunal found that the applicant's criminal conduct was serious, particularly given the domestic violence context, the location of the offence, and the applicant's existing conditional liberty. The Tribunal concluded that there was no other reason to revoke the mandatory visa cancellation decision. Accordingly, the reviewable decision made by the Minister to cancel the applicant's visa was affirmed.