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

This matter concerned an appeal by Mr Harper against a decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his visa. The cancellation was based on Mr Harper failing to pass the character test. The Administrative Appeals Tribunal (AAT) was required to determine whether there was another reason why the visa cancellation should be revoked.

The primary legal issue before the AAT was the application of Ministerial Direction No. 90, which sets out the framework for considering whether to revoke a mandatory visa cancellation. This involved assessing the nature and seriousness of the offending conduct, the risk of reoffending, the protection of the Australian community, the best interests of any minor child, the expectations of the Australian community, and the strength, nature, and duration of the appellant's ties to Australia. The Tribunal was also required to consider the specific circumstances of family violence committed by Mr Harper.

The AAT found that while Mr Harper's offending conduct was serious, particularly in relation to family violence, the weight given to the best interests of his minor child and the duration of his ties to Australia were significant factors. The Tribunal concluded that, when viewed holistically and in light of the specific circumstances, there was another reason to revoke the visa cancellation. The Tribunal set aside the original decision and substituted a new decision to revoke the mandatory visa cancellation.