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

This matter concerned an application by GZTC (the applicant) to the Administrative Appeals Tribunal for review of a decision by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to mandatorily cancel the applicant's visa due to failure to pass the character test. The applicant had been convicted of assault.

The Tribunal was required to consider various factors in determining whether to revoke the mandatory cancellation of the applicant's visa. These included Australia's non-refoulement obligations, the strength, nature, and duration of the applicant's ties to Australia, the impact of a decision not to revoke on members of the Australian community, including victims, and the extent of impediments the applicant might face if removed from Australia. The Tribunal also had regard to the best interests of any minor children affected by the decision and the expectations of the Australian community.

In its reasoning, the Tribunal noted that while a non-refoulement obligation does not preclude visa cancellation, such obligations must be carefully weighed against the seriousness of the offending conduct. The Tribunal considered the applicant's length of residence in Australia, the nature of their offending, and their family and social links. It also assessed the potential impact of removal on the applicant's ability to re-establish themselves in their home country.

Ultimately, the Tribunal found that the decision of the delegate to refuse to revoke the mandatory cancellation of the applicant's visa should be reversed. The Tribunal set aside the reviewable decision and, in substitution, revoked the mandatory cancellation of the applicant's visa.