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

This matter concerned an application by Mr Koroinaciwa for the revocation of a mandatory visa cancellation. The applicant's class GD subclass 403 temporary work (international relations) visa had been cancelled under section 501(3A) of the Migration Act 1958 (Cth) because he did not pass the character test due to having a substantial criminal record, having been sentenced to a term of imprisonment of 12 months or more. The delegate of the Minister had previously decided not to revoke the cancellation. The Administrative Appeals Tribunal was required to determine whether there was another reason why the visa cancellation should be revoked under section 501CA(4) of the Act.

The Tribunal was required to consider the applicant's ties to Australia in accordance with Ministerial Direction No. 99. This involved assessing the impact of a decision on the applicant's immediate family members in Australia, the strength, nature, and duration of the applicant's ties to Australia, and giving considerable weight to residence during formative years and positive contributions to the Australian community. The applicant arrived in Australia in January 2021 and had been employed since 2022. He had family members in Australia, including his father and four sisters, though their citizenship status and the nature of his relationships with them were unclear. The applicant also had a close friendship with Ms Pollard, who provided a statement and evidence regarding their regular contact and his positive interactions with her daughters.

The Tribunal found that while the applicant had established some ties to Australia, including employment and family connections, these were not sufficiently strong to outweigh the mandatory cancellation decision. The applicant's uncertainty about his sisters' citizenship and the ability for family members to "catch up" in Fiji diminished the weight of these ties. Similarly, while the friendship with Ms Pollard and her daughters was noted, the ability to maintain contact via telephone if the applicant were returned to Fiji meant that the impact of his removal was not as significant as it might otherwise have been. The Tribunal concluded that there was no other reason to revoke the visa cancellation and affirmed the delegate's decision.