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

The Administrative Appeals Tribunal (AAT) considered the case of Goodier and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the non-revocation of a mandatory cancellation of the Applicant's Class TY Subclass 444 Special visa, which was triggered by the Applicant failing to pass the character test. The Applicant sought to have this cancellation revoked.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation of the Applicant's visa, as contemplated by the relevant migration legislation. This required the Tribunal to consider the Applicant's personal circumstances in light of Ministerial Direction No. 79, which sets out the framework for such considerations, particularly focusing on the protection of the Australian community and the best interests of any children involved.

The Tribunal's reasoning centred on the application of Ministerial Direction No. 79. It noted that the Applicant acknowledged the seriousness of her criminal conduct, which involved drug offences, and that she had not provided evidence to suggest she would be unable to obtain necessary medical treatment if returned to New Zealand. While acknowledging the Applicant's familial ties in New Zealand were strained, the Tribunal found these challenges would not be insurmountable and would only present short-term hardship. The Tribunal also considered the Applicant's remorse and her claims of not directly profiting from or dealing drugs, but ultimately found these factors insufficient to outweigh the primary consideration of protecting the Australian community.

Consequently, the Tribunal determined that it could not exercise the discretion to revoke the cancellation of the Applicant's visa. The decision under review was affirmed.