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

This matter concerned an application for review of a delegate's decision to affirm the mandatory cancellation of the applicant's special category (subclass 444) temporary visa. The visa had been cancelled due to the applicant failing to pass the character test, specifically by having a substantial criminal record. The applicant, born in New Zealand, had resided in Australia since 1996.

The Tribunal was required to consider the application of Ministerial Direction No. 90, which outlines the primary and other considerations relevant to such decisions. The key legal issues involved determining the weight to be given to various considerations, including the protection of the Australian community from criminal or other serious conduct, the best interests of minor children in Australia, the expectations of the Australian community, and the extent of impediments to removal. The Tribunal was also required to assess the applicant's links to the Australian community.

In its reasoning, the Tribunal applied the principles set out in Direction No. 90, noting that information from independent and authoritative sources should be given appropriate weight, primary considerations generally outweigh other considerations, and one primary consideration may outweigh others. The Tribunal considered the applicant's history of childhood abuse in New Zealand and his subsequent arrival in Australia at age 15. It also examined his criminal history, his relationships, and his three minor children residing in Australia. The Tribunal weighed these factors against the primary consideration of protecting the Australian community from criminal conduct.

Ultimately, the Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of the applicant's visa.