HQVD and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application by HQVD, a national of the United Kingdom, for the mandatory cancellation of his Partner (Class BS) (Subclass 801) visa to be revoked. The cancellation was based on HQVD's failure to pass the character test due to serious non-physical sexual offences. The dispute was heard by Dr Stewart Fenwick, Senior Member, in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" why the visa cancellation should be revoked, considering the best interests of HQVD's minor children. This required the Tribunal to assess various factors, including the protection of the Australian community from harm and the specific circumstances of the offending conduct, as guided by Ministerial Direction No. 99.

The Tribunal reasoned that while the protection of the Australian community was a significant consideration, particularly given the seriousness of HQVD's offences involving indecent acts with a child, sexual activity in the presence of a child, and the possession of child abuse material, the best interests of the minor children also weighed in favour of revocation. The Tribunal noted evidence of HQVD's close and loving relationship with his children and the potential challenges in their future care due to the significant health issues of their mother, which could impact their well-being if HQVD were not present.

On balance, the Tribunal considered that the moderate weight in favour of revocation, stemming from the best interests of the minor children, was sufficient to warrant the revocation of the visa cancellation.