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

The applicant, Kopa, sought judicial review of the Minister for Immigration, Citizenship and Multicultural Affairs' decision not to revoke the mandatory cancellation of his Class TY Subclass 444 Special Category Temporary visa. The dispute centred on whether the applicant passed the character test due to his substantial criminal history and whether there was another reason to revoke the cancellation, particularly in light of Ministerial Direction No. 99. The matter was heard by Julian-Armitage M.

The court was required to determine whether the applicant met the character requirements for remaining in Australia, considering his criminal record. Specifically, the court had to assess the seriousness of the applicant's conduct and the risk he posed to the Australian community, as mandated by Ministerial Direction No. 99. This involved evaluating the nature and frequency of his offending, the potential harm if he re-offended, and any evidence of rehabilitation.

In reaching its decision, the court applied the principles outlined in Ministerial Direction No. 99, focusing on the primary consideration of protecting the Australian community. The court found that while some of the applicant's offences committed overseas were minor, his significant criminal history in Australia, including violent offending fuelled by alcohol, rendered his conduct "serious." The court also considered the risk of future harm, noting the nature of the harm that could result from further violent offending. Despite the applicant's criminal history, the court ultimately set aside the original decision and substituted it with a decision revoking the visa cancellation.