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

The Administrative Appeals Tribunal considered the case of a citizen of the United Kingdom whose visa was mandatorily cancelled due to failing the character test, specifically having a substantial criminal record for very serious drug offences and family violence. The applicant sought to have this cancellation revoked.

The Tribunal was required to determine whether there was another reason to revoke the mandatory visa cancellation, applying Ministerial Direction No. 90. This involved assessing various factors, including the protection of the Australian community, family violence committed by the applicant, and the expectations of the Australian community, against considerations such as the best interests of minor children in Australia and other countervailing factors.

The Tribunal found that aspects of the applicant's evidence, and that of his de facto partner and brother, were evasive, inconsistent, or unpersuasive. This included inconsistencies regarding past offending, the applicant's minimisation of his criminal conduct, and the applicant's partner's explanations for alleged family violence and her interactions with police. The Tribunal concluded that the primary considerations, particularly the protection of the Australian community and family violence, considerably outweighed the best interests of the minor children and other countervailing considerations.

Consequently, the Tribunal affirmed the decision not to revoke the mandatory cancellation of the applicant's visa.