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

This matter concerned an appeal by JFGN against a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to revoke the mandatory cancellation of his visa. The applicant, a New Zealand citizen, had been convicted of reckless grievous bodily harm, which had resulted in a drug-induced psychosis. The decision under review was made by Deputy President B W Rayment Oam Kc P of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to revoke the mandatory cancellation of the applicant's visa, considering the various factors outlined in the relevant legislative provisions. This involved balancing considerations that favoured revocation against those that weighed against it, including the "deemed expectation" that a visa should not be revoked in certain circumstances, the impact on victims, and other unmentioned considerations.

The Tribunal reasoned that the most significant factors favouring revocation were the applicant's strong ties to the Australian community and the best interests of his Australian children. The Tribunal also found it likely that the applicant would comply with recommendations made by a Dr Kwok. While acknowledging a "deemed expectation" that weighed against revocation, the Tribunal determined that this consideration should not be afforded greater weight than the factors favouring revocation. Consequently, the Tribunal ordered that the cancellation of the applicant's visa be revoked.