HMLR and Minister for Home Affairs (Migration)

This matter concerned the mandatory cancellation of the TY Subclass 444 Special Category (Temporary) Visa held by the applicant, a New Zealand citizen, by a delegate of the Minister for Home Affairs. The cancellation was based on the applicant failing to pass the character test due to having a substantial criminal record and serving a sentence of imprisonment. The applicant sought review of this decision by the Tribunal.

The Tribunal was required to determine whether the mandatory cancellation of the applicant's visa was justified, considering the applicant's extensive criminal history, including juvenile and repeated violent offending, the protection of the Australian community, the best interests of any 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 his removal from Australia.

The Tribunal reasoned that the applicant's criminal history, which included further offences committed after notification of the visa cancellation, weighed heavily against him. While acknowledging the applicant had resided in Australia since the age of two and had family ties there, the Tribunal found that the community's expectations would favour cancellation given the nature and persistence of his offending. The Tribunal also noted that despite claims of potential impediments to his removal, there were no known medical or psychological conditions preventing his departure, and his limited education and qualifications did not present an insurmountable barrier to his resettlement in New Zealand.

The Tribunal affirmed the delegate's decision to cancel the applicant's visa.