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

This matter concerned an appeal by the applicant, Mr. Jameson, against the mandatory cancellation of his visa by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The appeal was heard by Emeritus Professor P A Fairall, Senior Member, of the Administrative Appeals Tribunal. The central dispute revolved around whether there was "another reason" why the mandatory cancellation of Mr. Jameson's visa should be revoked, requiring a balancing of various considerations.

The Tribunal was required to determine the weight to be given to several primary and other considerations under Direction No. 90. These included the protection of the Australian community from criminal or other serious conduct, the expectations of the Australian community, the best interests of minor children in Australia, the extent of impediments if removed from Australia, and the strength, nature, and duration of ties to Australia. Considerations such as family violence and the impact on victims were also to be assessed, along with international non-refoulement obligations and the impact on Australian business interests.

The Senior Member found that while the protection of the Australian community and community expectations weighed against revocation, these were outweighed by the strong considerations in favour of revocation. These included the best interests of the applicant's minor children, the significant impediments he would face if removed to New Zealand, and the strength and duration of his ties to Australia, having lived in the country for 39 out of 40 years. The Senior Member noted the profound impact removal would have on his immediate and extended family, particularly given his wife and children's indigenous status and the potential disintegration of the family unit. The Senior Member was persuaded that despite past behaviour, the applicant was committed to providing for his family.

Ultimately, the Senior Member was satisfied that there was another reason why the mandatory cancellation of the applicant's visa should be revoked. The decision was set aside, meaning the visa cancellation was not upheld.