Larkins and Minister for Home Affairs (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Larkins and the Minister for Home Affairs concerning the cancellation of Mr Larkins' visa. Mr Larkins' visa had been cancelled twice, with the first cancellation being revoked in 2016. However, following further convictions for violent and dangerous offences in 2017, his visa was mandatorily cancelled again in November 2018. Mr Larkins sought a review of this decision by the AAT, arguing that the decision was unfair.

The AAT was required to determine whether there was "another reason" to revoke the mandatory cancellation of Mr Larkins' visa, pursuant to section 501CA(4)(b)(ii) of the Migration Act 1958 (Cth). This involved an evaluative process of considering all factors for and against revocation. The Tribunal noted that Mr Larkins did not pass the character test due to a substantial criminal record, meaning the Minister was required to cancel his visa.

The Tribunal found that Mr Larkins was an unimpressive witness, providing implausible and unconvincing responses regarding his offending. His attempts to minimise his adult offending history were found to be false and self-serving, as the majority of his serious and violent offences occurred after he had turned 20 and even after his previous visa cancellation was revoked. The Tribunal concluded that the primary considerations of protecting the Australian community and the expectations of the Australian community substantially outweighed any considerations in favour of revocation, such as the best interests of minor children. Consequently, the Tribunal affirmed the Minister's decision not to revoke the visa cancellation.