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

This matter concerned an appeal by Mr Keogh against the mandatory cancellation of his visa, which was based on his failure to pass the character test due to his conviction for supplying a prohibited drug. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the respondent. The decision was made by Emeritus Professor P A Fairall, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether to revoke the mandatory cancellation of Mr Keogh's visa, considering various primary and other considerations. These included the protection of the Australian community from criminal or other serious conduct, the best interests of minor children in Australia affected by the decision, the strength, nature and duration of Mr Keogh's ties to Australia, and the impediments to his return to New Zealand. The Tribunal also had to consider the nature and seriousness of Mr Keogh's conduct, including the sentence imposed, the frequency of offending, and the cumulative effect of offending.

In its reasoning, the Tribunal assessed the risk of reoffending as very low, noting the absence of a prior criminal history, a credible explanation for the offending linked to his mother's death, and his positive rehabilitation steps during his period of incarceration. While acknowledging the seriousness of the drug supply offence and the sentence imposed, the Tribunal found that the primary consideration of community protection favoured non-revocation only slightly. Regarding the best interests of minor children, the Tribunal afforded little weight to the relationship with the son of his former girlfriend due to the uncertainty of their ongoing relationship, and similarly limited weight to the relationships with the children of a close friend, given the lack of contact during his imprisonment.

The Tribunal ultimately set aside the mandatory cancellation of Mr Keogh's visa and substituted a decision to revoke the cancellation.