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

This matter concerned an application by Mr Huntley to review a decision to cancel his visa. The applicant, Mr Huntley, was born in New Zealand and had a history of serious offending in Australia, including possession of child exploitation material and supply of bestiality material. The respondent was the Minister for Immigration, Citizenship and Multicultural Affairs. The decision was made by N A Manetta SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether, in light of Mr Huntley's serious offending, the cancellation of his visa should be revoked. This required the Tribunal to weigh various considerations, including the gravity of the offending, community expectations, the risk of reoffending, Mr Huntley's rehabilitation progress, and his personal circumstances, including a history of significant childhood trauma and abuse. The Tribunal also had to consider the applicant's prospects for rehabilitation and reintegration into the community, particularly in light of a supportive relationship.

The Tribunal reasoned that while Mr Huntley's offending was very serious and community expectations weighed heavily against him, other factors warranted consideration. The Tribunal accepted evidence that Mr Huntley's offending behaviour was likely linked to his borderline personality disorder and emotional regulation issues, stemming from a troubled background involving sexual abuse. The Tribunal noted that the sentencing court had found the need for personal deterrence was significantly reduced, and that Mr Huntley had cooperated with police, demonstrated remorse, and had previously been of unblemished character. Crucially, the Tribunal found it was unable to conclude that Mr Huntley had any sexual interest in children, and that his offending was more likely driven by a search for thrills or taboo rather than a sexual interest in children. The Tribunal also took into account Mr Huntley's current supportive relationship and the low risk of reoffending.

The Tribunal decided to set aside the decision under review and substitute a decision that the cancellation of Mr Huntley's visa be revoked.