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

This matter concerned an application by KQHR, an Iranian citizen, for the mandatory cancellation of his visa to be revoked. The Administrative Appeals Tribunal was required to consider whether there was another reason why the original decision to cancel KQHR's visa should be revoked, having regard to the factors for and against such revocation.

The legal issues before the Tribunal included whether KQHR passed the character test, and if not, whether the mandatory cancellation of his visa should be revoked. In determining this, the Tribunal was required to consider the primary considerations outlined in Direction No. 79, specifically the protection of the Australian community, the best interests of minor children in Australia, and the expectations of the Australian community. Other considerations, such as non-refoulement obligations, ties with Australia, and the extent of impediments if removed, were also relevant.

The Tribunal's reasoning focused on the extensive and serious nature of KQHR's criminal history, which included violent offending and significant terms of imprisonment. Applying Direction No. 79, the Tribunal found that the principle of protecting the Australian community from harm by non-citizens weighed heavily against revocation. The Tribunal noted that KQHR's criminal record demonstrated a pattern of serious offending, including armed robbery involving a loaded firearm and threats to elderly victims, which were viewed very seriously. The Tribunal also considered the comments of Snaden J in *DFTD v Minister for Home Affairs* regarding the prospect of prolonged immigration detention, concluding that such a prospect, even if it existed, was not a factor that the Tribunal was required by the *Migration Act 1958* (Cth) to consider when deciding whether to revoke a visa cancellation.

The Tribunal affirmed the original decision to cancel KQHR's visa, finding that there was no other reason why the cancellation should be revoked.