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

The Administrative Appeals Tribunal considered the case of a Maltese citizen who sought to have the mandatory cancellation of his Class BB Subclass 155 Five Year Resident Return visa revoked. The applicant had an extensive criminal record, including convictions for violence, weapons possession, drug offences, and dishonesty. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had cancelled the visa on the grounds that the applicant failed to pass the character test.

The Tribunal was required to determine whether there was "another reason" why the mandatory visa cancellation should be revoked, applying Ministerial Direction No. 79. This involved weighing various considerations, including the protection of the Australian community, the expectations of the Australian community, and the best interests of the applicant's minor children. The Tribunal also considered the applicant's personal circumstances, including his long-term residence in Australia, his relationships, and his employment history, against the seriousness of his criminal offending.

In its reasoning, the Tribunal found that the primary considerations of protecting the Australian community and the expectations of the Australian community substantially outweighed the other relevant considerations, including the best interests of the applicant's minor children. The Tribunal noted the applicant's extensive criminal history, which included multiple convictions for violent and dishonesty offences, and concluded that there was not another reason to revoke the mandatory visa cancellation. Consequently, the Tribunal affirmed the decision under review.