GJRR and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

The Administrative Appeals Tribunal considered the case of GJRR, a New Zealand citizen whose Class TY Subclass 444 Special Category (Temporary) visa was mandatorily cancelled under section 501(3A) of the Migration Act 1958 (Cth) due to her failure to pass the character test. GJRR sought revocation of this cancellation decision, but a delegate of the Minister refused her request, leading to her application for merits review by the Tribunal.

The Tribunal was required to determine two key issues: first, whether GJRR passed the character test as defined in subsection 501(6) of the Act; and second, if she did not pass the character test, whether there was "another reason" why the original visa cancellation decision should be revoked under subsection 501CA(4)(b)(ii) of the Act. In addressing these issues, the Tribunal was bound to comply with Direction 90, which outlines the primary and other considerations to be taken into account when making such decisions.

In its reasoning, the Tribunal found that GJRR did not pass the character test, having a substantial criminal record due to being sentenced to a term of imprisonment of 12 months or more. Consequently, the Tribunal proceeded to consider whether there was another reason to revoke the cancellation decision, applying the framework of Direction 90. This involved assessing the four primary considerations: protection of the Australian community from criminal or serious conduct, whether the conduct constituted family violence, the best interests of minor children, and the expectations of the Australian community. The Tribunal also considered other relevant factors, such as GJRR's links to the Australian community.

Ultimately, the Tribunal affirmed the decision under review, meaning it upheld the mandatory cancellation of GJRR's visa. This outcome indicates that, after considering all relevant factors under Direction 90, the Tribunal was not satisfied that there was sufficient reason to revoke the cancellation decision despite GJRR's personal circumstances.