Ghazaryan and Minister for Home Affairs (Migration)

This case concerned an application by Mr. Ghazaryan, a citizen of Armenia, for review of the Minister's decision not to revoke the mandatory cancellation of his visa. Mr. Ghazaryan's visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) following his conviction for possessing a firearm without a licence in August 2016, for which he received a sentence of three years and six months imprisonment. He applied for the cancellation to be revoked, but a delegate of the Minister refused to do so. Mr. Ghazaryan then sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" why the mandatory cancellation of Mr. Ghazaryan's visa should be revoked, pursuant to s 501CA(4)(b)(ii) of the Act. This required an evaluative process of considering all factors for and against revocation. The Tribunal also considered the object of the Migration Act, which is to regulate the presence of non-citizens in Australia in the national interest, and the High Court's interpretation of s 501(3A) as a legislative judgment that persons convicted and imprisoned should not remain in Australia.

The Tribunal's reasoning focused on the seriousness and pattern of Mr. Ghazaryan's criminal offending. It noted his convictions spanned a 13-year period, with escalating seriousness, including common assault, armed robbery with a pistol, and aggravated firearm possession. The Tribunal found that his offending occurred despite lenient court treatment and while he was subject to bonds. Furthermore, it noted his continued association with outlaw motorcycle gangs, which were relevant to his earlier offending. While acknowledging the interests of his daughter, niece, and nephew as factors weighing in favour of revocation, the Tribunal was ultimately unpersuaded that these, or his stated remorse and intention to reform, were sufficient to outweigh the significant risk to the Australian community posed by a repeat of his violent offending. The Tribunal also noted his failure to complete any rehabilitative programs during his periods of imprisonment.

The Tribunal concluded that the harm that would be caused by a repeat of Mr. Ghazaryan's violent offending constituted an unacceptable risk to the Australian community. Consequently, the Tribunal affirmed the delegate's decision not to revoke the visa cancellation.