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

The Administrative Appeals Tribunal considered the case of Mr. Jubraeel, a citizen of Iraq, and the Minister for Immigration, Citizenship and Multicultural Affairs. Mr. Jubraeel's Global Special Humanitarian (Class XB) (Subclass 202) visa had been mandatorily cancelled due to his failure to pass the character test, stemming from a substantial criminal record including murder, robbery, weapon possession, and drug offences. He had previously received a visa cancellation warning in 2009 for persistent misconduct while imprisoned. Mr. Jubraeel sought to have this cancellation revoked.

The Tribunal was required to determine whether there was "another reason" why the mandatory cancellation of Mr. Jubraeel's visa should be revoked, as provided for under section 501CA(4) of the Migration Act 1958 (Cth). This involved assessing various factors, including the protection of the Australian community from criminal conduct, the expectations of the Australian community regarding law-abiding behaviour, the strength of Mr. Jubraeel's ties to Australia, and any non-refoulement obligations. The Tribunal was also required to apply Ministerial Direction No. 90, which outlines the framework for considering such matters.

In its reasoning, the Tribunal weighed the seriousness and frequency of Mr. Jubraeel's offending, particularly his murder conviction under the principle of extended joint criminal enterprise, against any mitigating factors. It noted that Mr. Jubraeel had reoffended after being warned in 2009. The Tribunal found that the primary considerations of protecting the Australian community and the expectations of the community regarding law-abiding conduct considerably outweighed other countervailing considerations, including the best interests of any minor children and the strength of his ties to Australia.

Consequently, the Tribunal affirmed the decision to cancel Mr. Jubraeel's visa, finding that there was no other reason to revoke the mandatory cancellation.