Kheir and Minister for Home Affairs (Migration)

This matter concerned an appeal by Mr. Kheir against the mandatory cancellation of his Class BC Subclass 100 Spouse visa. The cancellation was based on Mr. Kheir failing to pass the character test due to an extensive criminal record. The decision-maker considered Ministerial Direction No 65, which outlines the factors to be taken into account when assessing whether to revoke such a cancellation, including the protection of the Australian community, the best interests of minor children, and the extent of impediments if removed. The Administrative Appeals Tribunal was required to determine whether the mandatory cancellation of Mr. Kheir's visa should be affirmed.

The legal issues before the Tribunal were primarily whether the risk of Mr. Kheir reoffending constituted an unacceptable risk to the Australian community, and how the best interests of his minor children weighed against this risk. The Tribunal also had to consider the extent of impediments Mr. Kheir would face if removed from Australia, and the strength, nature, and duration of his ties to the Australian community, all within the framework of Ministerial Direction No 65.

The Tribunal reasoned that Mr. Kheir's criminal record was lengthy and spanned a significant period, indicating a persistent pattern of offending, largely driven by substance abuse. Despite the absence of violent or sexual offences, the sheer volume of dishonesty and property crimes, coupled with prior warnings, led the Tribunal to conclude there was a moderate, and therefore unacceptable, risk of reoffending. This consideration weighed heavily against Mr. Kheir. Conversely, the Tribunal found that the best interests of Mr. Kheir's minor children strongly favoured his remaining in Australia, acknowledging his role as a loving and supportive father with regular contact. The Tribunal also noted the significant impediments to maintaining family contact if Mr. Kheir were removed to Lebanon. However, ultimately, the protection of the Australian community from the identified risk of reoffending was deemed to outweigh the other considerations.