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

This matter concerned an application to the Administrative Appeals Tribunal for the revocation of a mandatory visa cancellation. The applicant, HWLJ, had a substantial criminal record involving serious offending against children. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs opposed the revocation.

The Tribunal was required to determine whether the discretion to revoke the mandatory cancellation of the applicant's visa should be exercised. This involved considering the primary considerations outlined in Direction 79, including the protection of the Australian community, the best interests of minor children, and the expectations of the Australian community. The Tribunal also had to consider other relevant factors, such as Australia's international non-refoulement obligations and the extent of impediments to the applicant's removal.

Deputy Britten-Jones P found that the serious nature of the applicant's offending and the risk of reoffending weighed strongly in favour of affirming the cancellation decision, aligning with the expectations of the Australian community. However, the Tribunal was obliged to give separate and meaningful consideration to the applicant's representations regarding the risk of harm if returned to Sierra Leone, particularly in light of his mental health issues and the country's laws and societal attitudes towards homosexuality. The Tribunal noted that while the applicant's claims of innocence regarding his past offending had evolved, his current submissions focused on the context of mental illness and substance abuse.

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