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

The case of *Jama and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)* concerned the mandatory cancellation of the applicant's visa due to his substantial criminal record. The applicant sought to have this cancellation revoked. The matter was heard by Deputy President Britten-Jones.

The primary legal issue before the court was whether the discretion to revoke the mandatory visa cancellation should be exercised in the applicant's favour. This involved assessing various considerations, including the strength, nature, and duration of the applicant's ties to Australia, the impact on his five minor children, and the risk of further offending, against the primary considerations of protecting the Australian community and its expectations.

The court reasoned that while the applicant had a criminal history, his significant ties to Australia, including his wife, children, and extended family, weighed heavily in favour of revocation. The court noted the applicant had resided in Australia for approximately 22 years, having arrived at the age of 12, and had contributed positively to the community through education and work, despite his offending from a young age. The court was particularly influenced by the evidence of the applicant's father, who expressed a strong reliance on his son for support due to his deteriorating health, and the negative impact his removal would have on his family. The court found that the interests of the minor children and the strength of the applicant's family and social links outweighed the primary considerations favouring cancellation.

Consequently, the court set aside the decision to cancel the applicant's visa.