HNNM and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by HNNM (the applicant) to the Administrative Appeals Tribunal for review of the Minister for Immigration and Border Protection's decision not to revoke the mandatory cancellation of his Class BF Transitional (permanent) visa. The cancellation was based on the applicant failing to pass the character test due to having a substantial criminal record.

The Tribunal was required to determine whether, in accordance with the relevant Ministerial Direction, the applicant had demonstrated that compelling reasons existed to revoke the mandatory cancellation of his visa. This involved assessing various considerations, including the strength, nature, and duration of the applicant's ties to Australia, the impact of his removal on Australian business interests and victims, and the extent of impediments to his relocation. The primary considerations of protecting the Australian community from harm, the seriousness and nature of the applicant's conduct, and the risk of reoffending were also central to the assessment.

The Tribunal acknowledged the applicant's long residence in Australia since 1979 and his close relatives and friends in the country, noting that relocation to South Africa would not be easy. However, it also observed that the applicant spoke fluent English, an official language of South Africa, and could potentially find employment there. After considering all the relevant factors outlined in the Ministerial Direction, including the absence of relevant international non-refoulement obligations, impacts on Australian business interests, and impacts on victims, the Tribunal concluded that compelling reasons to revoke the visa cancellation had not been established.

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