Heneghan and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application by a New Zealand citizen, Mr Heneghan, for the non-revocation of the mandatory cancellation of his Class TY Subclass 444 Special Category (Temporary) visa. The Minister for Immigration, Citizenship and Multicultural Affairs had cancelled Mr Heneghan's visa due to his substantial criminal record, and Mr Heneghan sought to have this decision revoked. The case was heard by Member A. Julian-Armitage.

The primary legal issue before the Tribunal was whether there was "another reason" why the decision to cancel Mr Heneghan's visa should be revoked, as contemplated by the *Migration Act 1958* (Cth). This required the Tribunal to consider Ministerial Direction No. 99, which sets out the framework for assessing such applications, with a particular focus on the protection of the Australian community. The Tribunal had to weigh the seriousness of Mr Heneghan's offending against any evidence of rehabilitation and the risk of re-offending.

The Tribunal considered the nature and seriousness of Mr Heneghan's offending, noting it was repetitive, increased in seriousness over time, and involved an abuse of trust, resulting in significant harm to the victim. While psychological reports indicated a low risk of re-offending based on certain actuarial tools, the Tribunal also noted that Mr Heneghan had not undertaken a recommended rehabilitation program. The Tribunal found that the seriousness of the offending, particularly its sexual nature and the impact on the victim, weighed heavily against revocation. The Tribunal concluded that the protection of the Australian community was a paramount consideration and that the circumstances did not warrant the revocation of the visa cancellation.