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

This matter concerned an application by Mr Grima for the revocation of the mandatory cancellation of his Special Category (Temporary) visa. The Minister for Immigration, Citizenship and Multicultural Affairs had cancelled Mr Grima's visa due to his substantial criminal record. Mr Grima sought to have this cancellation revoked, arguing that he passed the character test and that there was another reason why the cancellation should be revoked. The Administrative Appeals Tribunal was required to consider the relevant Ministerial Direction No. 90 in determining the application.

The Tribunal was tasked with determining whether Mr Grima met the character requirements for remaining in Australia, specifically whether there were substantial grounds to revoke the mandatory visa cancellation. This involved assessing the seriousness of Mr Grima's past conduct, the risk of future harm to the Australian community, and any countervailing considerations. The Tribunal had to apply the principles outlined in Ministerial Direction No. 90, which guides decision-makers on how to approach character concerns, including the protection of the Australian community, family violence, the best interests of minor children, and community expectations.

In reaching its decision, the Tribunal considered the evidence of Mr Grima's rehabilitation efforts, including his engagement with psychiatric sessions, alcohol and drug awareness courses, anger management programs, and his participation in Narcotics Anonymous. The Tribunal also took into account the strong support offered by Mr Grima's family and their commitment to assisting his reintegration into the community and workforce. Despite acknowledging the serious nature of Mr Grima's past criminal conduct, the Tribunal was satisfied that he had gained insight into the triggers for his offending and demonstrated remorse. The Tribunal concluded that Mr Grima had a low-to-moderate risk of re-offending and that there were strong countervailing considerations, including his rehabilitation and community ties, that justified revoking the visa cancellation.

The Tribunal set aside the decision to mandatorily cancel Mr Grima's visa and substituted it with a decision to revoke the cancellation.