GVSW and Minister for Immigration and Border Protection (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by GVSW for review of the Minister for Immigration and Border Protection's decision not to revoke the mandatory cancellation of GVSW's visa. GVSW, who arrived in Australia at age 16 in 1986, had a history of criminal offending dating back to 1989, including convictions for larceny, break and enter, unlawful possession, false pretences, and drug trafficking. The Minister's decision was based on GVSW failing to pass the character test due to his substantial criminal record and the risk he posed to the Australian community.

The Tribunal was required to determine whether the cancellation of GVSW's visa should be revoked, considering various factors outlined in Direction No 65 of the Migration Act 1958. These factors included the protection of the Australian community, the best interests of any minor children affected by the decision, the expectations of the Australian community, and GVSW's ties to Australia. The Tribunal also had to consider GVSW's personal circumstances, including his long period of residence in Australia and his childhood experiences.

In its reasoning, the Tribunal found that the primary consideration of protecting the Australian community weighed heavily against GVSW. This was due to the frequency and seriousness of his offending, which spanned several decades and included a trend of increasing seriousness with drug trafficking offences. The Tribunal noted GVSW's repeated imprisonment and his failure to demonstrate remorse or respect for the judicial system. While the Tribunal acknowledged that the revocation of the visa would be in the best interests of GVSW's minor children, it placed less weight on this factor due to the limited duration of his meaningful contact with them and the older child's impending adulthood. The Tribunal concluded that the risk to the Australian community was a significant factor that outweighed the considerations in favour of GVSW.

The Tribunal affirmed the decision to cancel GVSW's visa, meaning the visa remained cancelled.