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

The applicant, Kare Kare, sought judicial review of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision to affirm the mandatory cancellation of his Class TY Subclass 444 Special Category (Temporary) visa. The dispute centred on whether there was "another reason" to revoke the mandatory cancellation, notwithstanding that the applicant did not pass the character test. The matter was heard by Rebecca Arends M.

The court was required to determine the weight to be given to various factors under Ministerial Direction No. 79 when considering whether to revoke the mandatory cancellation of the applicant's visa. Specifically, the court had to assess Primary Consideration A, the protection of the Australian community, by examining the nature and seriousness of the applicant's conduct to date and the risk to the community should he commit further offences. This involved considering factors such as the seriousness of the offences, particularly violent crimes against women or children, crimes against vulnerable persons or officials, the sentence imposed, the frequency of offending, and the cumulative effect of repeated offending.

In its reasoning, the court applied the principles outlined in Ministerial Direction No. 79. It noted that crimes of a violent nature, especially against women or children, are viewed very seriously. While the applicant's conduct included obstructing police and breaching a domestic violence order involving physical contact with his partner, the court found that these offences did not result in injury and he was not convicted of a violent crime arising from them. Consequently, the court attributed only limited weight to these factors in favour of non-revocation.

Ultimately, the court concluded that it could not exercise the discretion to revoke the cancellation of the applicant's visa. The decision under review was affirmed.