KJVC and Minister for Home Affairs (Migration)

This matter concerned an appeal by KJVC against the Minister for Home Affairs' decision not to revoke the cancellation of KJVC's visa. KJVC, born in South Sudan in 1979, had a history of significant criminal offending in Australia between 2005 and 2015, including offences related to domestic violence, driving with a high blood alcohol content, and breaches of court orders. The Tribunal was required to determine whether KJVC passed the character test under section 501 of the Migration Act 1958, specifically considering his substantial criminal record and whether the Minister was obligated to cancel his visa under section 501(3A).

The Tribunal reasoned that KJVC had a substantial criminal record, as defined by section 501(6)(a) and (7)(c) of the Migration Act, due to multiple sentences of imprisonment of 12 months or more. It found that KJVC had been warned in 2012 that further offending would jeopardise his presence in Australia and that he understood this warning. Despite acknowledging KJVC's positive behaviour in immigration detention and his completion of some rehabilitation programs, the Tribunal concluded that his extensive and repeated criminal offending demonstrated a flagrant disregard for Australian laws and law enforcement. The Tribunal was satisfied that KJVC's crimes were very serious, particularly given the risk he posed to the community and his repeated traumatisation of his wife.

Accordingly, the Tribunal affirmed the decision of the Minister not to revoke the cancellation of KJVC's visa.