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

This matter concerned an application for revocation of a mandatory visa cancellation made by HJHC, the applicant, against a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant had a substantial criminal record, including a serious offence of maliciously inflicting grievous bodily harm involving a stabbing, committed after prolonged alcohol consumption. The decision-maker, Mrs J C Kelly, Senior Member, was required to assess whether there was another reason why the cancellation decision should be revoked, in accordance with Direction 79 issued by the Minister.

The legal issues before the Tribunal were to determine the weight to be given to various considerations, both primary and other, when assessing the applicant's submission for revocation. Specifically, the Tribunal had to consider the protection of the Australian community, the risk of reoffending, the best interests of the applicant's minor children, the expectations of the Australian community, the strength, nature, and duration of the applicant's ties to Australia, and the extent of impediments to her removal.

The Tribunal reasoned that the Australian community would expect the applicant not to hold a visa due to her repeated and serious offending, which escalated in 2017. While acknowledging the applicant's long residence in Australia and family ties, the Tribunal found that these factors were given limited weight in light of her history of drug and alcohol abuse, which were drivers of her offending, and the risk of reoffending. The Tribunal also noted the negligible corroborative evidence of her claimed work history and that her family members were not financially dependent on her. Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa.