KRJF and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for review of a decision by the Minister for Immigration and Border Protection to refuse to revoke the mandatory cancellation of the applicant's visa. The applicant had a substantial criminal record and did not pass the character test. The dispute before the Tribunal was whether there was "another reason" why the decision to cancel the visa should be revoked, as required by the Migration Act 1958 (Cth).

The Tribunal was required to determine the weight to be given to various considerations, including the protection of the Australian community from criminal or other serious conduct, the best interests of any minor children, and the expectations of the Australian community. Additionally, the Tribunal had to consider other factors, such as Australia's international non-refoulement obligations, the strength, nature, and duration of the applicant's ties to Australia, the impact on victims of the applicant's conduct, and the extent of impediments to removal.

In its reasoning, the Tribunal acknowledged the applicant's claims regarding potential harm if returned to Iraq, particularly concerning his fiancée's family. Despite the applicant's assertion that he could not relocate within Iraq or safely reside in Europe due to fear of being found, the Tribunal found that the considerations favouring revocation were strongly outweighed by those against it. The Tribunal specifically noted that the Australian community would expect the visa cancellation to be upheld. While the Tribunal considered Australia's international non-refoulement obligations, it concluded that these did not provide a sufficient reason to revoke the cancellation.

Consequently, the Tribunal affirmed the reviewable decision not to revoke the cancellation of the applicant's visa. The Tribunal found that there was no other reason why the original decision to cancel the visa should be revoked.