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

This matter concerned an application for review by a New Zealand citizen of a decision by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to revoke the mandatory cancellation of his visa. The visa cancellation was based on the applicant failing to pass the character test. The applicant sought revocation of the cancellation, but this was refused by the delegate, leading to the application for review by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether there was "another reason" why the mandatory cancellation of the applicant's visa should be revoked, considering Ministerial Direction No. 99. This involved assessing the seriousness of the applicant's offending, the risk of reoffending, the strength and duration of his ties to Australia, the best interests of any minor children, and the expectations of the Australian community. The applicant's criminal conduct included contraventions of domestic violence orders and the cultivation of cannabis.

The Tribunal considered the applicant's history of domestic violence, including specific incidents and associated court orders. It also examined the discovery of a significant cannabis cultivation operation at the applicant's residence, which he admitted to participating in, partly due to financial reasons and a belief that cannabis could assist with his PTSD. The Tribunal noted the applicant's long-standing ties to Australia, having migrated permanently in 2003, and the presence of minor children in Australia. However, it weighed these factors against the seriousness of the offending, particularly the domestic violence and drug offences, and the potential risk to the Australian community. The Tribunal ultimately found that the seriousness of the offending and the risk posed outweighed the mitigating factors.

The Tribunal affirmed the decision of the Minister's delegate not to revoke the visa cancellation.