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

This matter concerned an application for review of the non-revocation of a mandatory cancellation of the Applicant's Class WC Subclass 030 Bridging Visa C. The Applicant did not pass the character test. The Administrative Appeals Tribunal was required to consider whether there was another reason to revoke the mandatory cancellation decision, taking into account Ministerial Direction No. 90.

The primary legal issue before the Tribunal was whether the Applicant's circumstances warranted the revocation of the mandatory visa cancellation, despite her failure to meet the character test. This involved assessing various considerations, including the Applicant's claims of being a victim of domestic violence in Tanzania, her alleged fear of retribution from her former partner, and Australia's international non-refoulement obligations.

The Tribunal considered evidence regarding the Applicant's relationship with her former partner, Mr. H, in Tanzania, including allegations of abuse. The Applicant claimed that if returned to Tanzania, she would be at risk of harm from Mr. H and his family, and that the authorities would not protect her. However, the Tribunal noted that while country information indicated domestic violence was prevalent in Tanzania, there had been efforts by the police to assist victims. Crucially, the Applicant's claims about the specific risks she faced upon return were not sufficiently substantiated, particularly regarding her inability to reside elsewhere in Tanzania. The Tribunal found that the primary considerations weighed heavily against revocation, and other considerations did not outweigh these.

The Tribunal affirmed the decision not to revoke the mandatory cancellation of the Applicant's visa.