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

The Administrative Appeals Tribunal (AAT) considered the case of KMZF and the Minister for Immigration, Citizenship, and Multicultural Affairs. The dispute concerned the mandatory cancellation of the Applicant's Class BF transitional (permanent) visa, which had been cancelled due to the Applicant failing to pass the character test. The Applicant sought to have this cancellation revoked.

The primary legal issue before the Tribunal was whether to exercise its discretion to revoke the mandatory cancellation of the Applicant's visa. This required the Tribunal to consider Ministerial Direction No. 90, specifically the weight to be given to primary considerations, including the protection of the Australian community. The Tribunal had to assess the nature and seriousness of the Applicant's conduct and the risk to the community if the visa cancellation were revoked.

The Tribunal reasoned that the Applicant's offending, which included five counts of aggravated indecent assault against his granddaughter, was "very serious conduct" and "reprehensible." This conduct was considered under paragraph 8.1.1(1)(a) of Ministerial Direction No. 90, which specifies that violent crimes against children are viewed very seriously by the Australian Government and community. The Tribunal found that the Applicant's denial of his offending and his attempts to blame others further undermined any argument for revocation. The Tribunal concluded that the primary consideration of protecting the Australian community outweighed other considerations.

Consequently, the Tribunal affirmed the decision of the delegate of the Minister not to revoke the mandatory cancellation of the Applicant's visa. The Applicant's visa remained cancelled.