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

This matter concerned an application for the revocation of a mandatory cancellation of a Class TY Subclass 444 Special Category (Temporary) visa. The applicant sought to have the cancellation revoked, arguing that they now passed the character test and that there were other reasons why the decision should be set aside. The decision was made by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.

The primary legal issues before the court were whether the applicant passed the character test and, if not, whether there were other reasons to revoke the mandatory cancellation of their visa, having regard to Ministerial Direction No. 90. This involved assessing the applicant's criminal history, the risk of re-offending, and other relevant considerations outlined in the Direction.

The court considered the applicant's evidence of rehabilitation, including participation in Alcoholics Anonymous and relevant courses, as well as a clinical diagnosis of an alcohol disorder. While acknowledging the seriousness of the applicant's past criminal conduct and the potential for catastrophic harm if they re-offended, the court found that the applicant had demonstrated insight into their offending and had taken positive steps towards rehabilitation. The court concluded that the risk of recidivism was low to moderate. Despite the seriousness of the primary considerations, the court found that the evidence of rehabilitation and insight, coupled with the low to moderate risk assessment, constituted sufficient countervailing reasons to revoke the mandatory cancellation.

Ultimately, the court set aside the decision to refuse to revoke the mandatory cancellation and substituted it with a decision revoking the original visa cancellation.