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

This matter concerned an appeal by the applicant, Korat, against a decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to revoke a mandatory visa cancellation. The applicant had failed to pass the character test due to a series of criminal convictions, including offences involving family violence. The appeal was heard by Deputy President Younes.

The primary legal issues before the Tribunal were whether there was "another reason" why the visa cancellation should be revoked, and how Ministerial Direction No. 99, which provides guidance on the exercise of discretion in such matters, should be applied. Specifically, the Tribunal was required to consider the nature and seriousness of the applicant's offending conduct, the protection of the Australian community, the expectations of the Australian community, and any impediments to removal.

The Tribunal reasoned that while decision-makers are bound to consider the matters set out in Ministerial Direction No. 99, they are not limited to those considerations and are not bound by a formulaic approach. The Direction provides guidance on the relative weight of considerations, but the ultimate weight to be given to each matter is for the decision-maker to determine based on the specific evidence of the case. The Tribunal noted that the applicant's offending conduct, which included multiple instances of common assault involving family violence and other serious offences, weighed heavily against revocation. The risk of reoffending and the expectations of the Australian community were also significant factors against revoking the cancellation.

Ultimately, the Tribunal found that while there were some aspects favouring revocation, the seriousness of the applicant's offending conduct, the involvement of family violence, the risk of reoffending, and community expectations outweighed those considerations. Accordingly, the Tribunal affirmed the decision under review, meaning the visa cancellation was upheld.