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

The Administrative Appeals Tribunal reviewed a decision to mandatorily cancel the visa of the applicant, GVSW, who had a substantial criminal record. The applicant sought to have this cancellation revoked.

The Tribunal was required to determine whether to exercise its discretion to revoke the mandatory cancellation of the applicant's visa. This involved considering the primary considerations and other considerations outlined in the relevant ministerial directions, specifically focusing on the strength, nature, and duration of the applicant's ties to Australia.

The Tribunal reasoned that while the applicant had resided in Australia for most of his life, arriving as a minor in 1986 and remaining until 2018, he began offending approximately two years after his arrival and continued to do so until 2011. Despite this, the Tribunal noted positive aspects, including a period of employment prior to his imprisonment and a letter of support from a former employer who spoke highly of him and confirmed his close bond with his autistic son. The Tribunal also considered the applicant's limited ties to Bosnia and Herzegovina, where he had no family or social connections other than his father and a distant relative. Crucially, the Tribunal found that the applicant had established a life and formed significant relationships in Australia, including his marriage to RG, an Australian citizen, and his stepson JH, who also held Australian citizenship. The Tribunal concluded that the strength and nature of these ties, particularly his family relationships in Australia, weighed in favour of revoking the visa cancellation.

Consequently, the Tribunal exercised its discretion to revoke the mandatory cancellation of the applicant's visa, setting aside the decision under review.