Jikoivavalagi and Minister for Immigration and Border Protection (Migration)

The applicant, a Fijian citizen who arrived in Australia at the age of four and had resided there for 30 years, sought to have his visa cancellation revoked. The Minister for Immigration and Border Protection opposed the revocation. The matter came before Mrs J C Kelly, Senior Member, of the Tribunal.

The central legal issue before the Tribunal was whether the applicant passed the character test, specifically concerning whether the decision not to revoke his visa cancellation should be affirmed. This required the Tribunal to consider the protection of the Australian community, the best interests of any minor children (though not explicitly detailed in the provided text, it is a standard consideration under Direction 65), the expectations of the Australian community, and other relevant considerations, as guided by Direction 65.

The Tribunal reasoned that the applicant's extensive criminal record, which included numerous violent offences, crimes against police officers, and repeated offending under the influence of alcohol and drugs, weighed heavily against revoking the visa cancellation. While acknowledging the applicant's strong ties to Australia, including his long residence and family connections, the Tribunal found that these were outweighed by the seriousness and cumulative effect of his criminal conduct. The Tribunal noted that the applicant had been repeatedly warned about the consequences of his offending for his migration status since 2007 and had continued to reoffend. The Tribunal also considered the risk to the Australian community should the applicant commit further offences, highlighting the violent nature of his recent conduct, including a particularly severe assault on a train. Although the applicant suffered from a mental illness and had some impediments to re-establishing himself in Fiji, the Tribunal was not satisfied that these factors warranted revoking the cancellation.

Ultimately, the Tribunal affirmed the decision not to revoke the cancellation of the applicant's visa.