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

This matter concerned an appeal by the applicant, Mr. Hovhannisyan, against the mandatory cancellation of his visa by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute arose because Mr. Hovhannisyan failed to pass the character test, triggering the mandatory cancellation. The appeal was heard by the Hon. John Pascoe AC CVO, Deputy President.

The court was required to determine whether there was "another reason" why the mandatory visa cancellation should be revoked. In making this determination, the court had to consider Ministerial Direction No. 79, which outlines various factors to be taken into account, including international non-refoulement obligations, the strength, nature, and duration of ties to Australia, the impact on Australian business interests, impediments to removal, and the impact on victims. The court also had to consider the protection of the Australian community, the best interests of any minor children in Australia, and the expectations of the Australian community.

The court's reasoning focused on the seriousness of the applicant's conduct and the risk of reoffending. The applicant had a significant criminal history, commencing shortly after his arrival in Australia, which included multiple instances of violence, domestic violence, and breaches of apprehended violence orders. The court noted that many of these offences involved physical assaults and threats, and that the applicant had received custodial sentences, albeit suspended. While the applicant presented evidence of his relationships with his children and stepson, and his desire to remain in Australia, the court found that these factors were not outweighed by the seriousness of his offending, the likelihood of reoffending, and the expectations of the Australian community. The court gave limited weight to the applicant's ties to Australia and the best interests of his children in light of his criminal history.

Ultimately, the court concluded that the seriousness of the applicant's offending, the likelihood of his reoffending, and the expectations of the Australian community were not outweighed by other considerations. Accordingly, the court affirmed the decision of the delegate to cancel the applicant's visa.