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

The Administrative Appeals Tribunal considered the case of Mr Jattan and the Minister for Immigration, Citizenship and Multicultural Affairs concerning the non-revocation of a mandatory cancellation of the Applicant's Special Category (Temporary) visa. The Applicant did not pass the character test, and the central dispute was whether there was another reason to revoke the mandatory cancellation decision, particularly in light of Ministerial Direction No. 99.

The Tribunal was required to determine if the Applicant had provided sufficient grounds to warrant the revocation of the mandatory visa cancellation. This involved assessing the Applicant's personal circumstances against the framework established by Ministerial Direction No. 99, which outlines primary considerations including the protection of the Australian community, and other considerations such as the legal consequences of the decision, impediments to removal, and the impact on victims and Australian business interests.

In its reasoning, the Tribunal noted the Applicant's criminal history in Australia, which spanned multiple offences including drug possession and supply, weapons offences, and participation in a criminal group, culminating in a significant custodial sentence. The Tribunal reviewed the Applicant's evidence, including a Personal Circumstances Form and a handwritten letter, and found that the Applicant did not present any new information or make significant changes to his previous statements when given the opportunity. Applying a holistic assessment of the considerations outlined in Ministerial Direction No. 99, the Tribunal concluded that there was not another reason to revoke the mandatory cancellation of the Applicant's visa.

Consequently, the Tribunal affirmed the decision made by a delegate of the Minister to not revoke the mandatory cancellation of the Applicant's Class TY Subclass 444 Special Category (Temporary) visa.