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

The Administrative Appeals Tribunal (the Tribunal) considered the decision of a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Respondent) not to revoke the mandatory cancellation of the Applicant's visa. The Applicant, a 49-year-old man who arrived in Australia at the age of 22, had a substantial criminal record, including fraud and drug offences.

The Tribunal was required to determine whether the Applicant met the character test, specifically whether the mandatory cancellation of his visa should be revoked. This involved assessing various considerations under Direction No 90, including the protection of the Australian community, the nature and seriousness of the Applicant's criminal offending, the risk posed to the Australian community, the best interests of his minor children in Australia, and the expectations of the Australian community. The Tribunal also considered the strength, nature, and duration of the Applicant's ties to Australia, as well as the extent of impediments he might face if returned to Iraq, and the best interests of his minor children in Malaysia.

In its reasoning, the Tribunal applied the principles outlined in Direction No 90. It found that the Applicant's criminal offending was serious and posed a risk to the Australian community. While acknowledging the Applicant's ties to Australia and the best interests of his minor children in Australia, the Tribunal weighed these against the primary considerations of community protection and the seriousness of the offending. The Tribunal also noted that non-refoulement obligations were not found to be engaged. Ultimately, the Tribunal affirmed the reviewable decision, meaning the visa cancellation was upheld.