Leau and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by the applicant, Leau, to revoke a mandatory visa cancellation made by the Minister for Immigration and Border Protection. The applicant, born in New Zealand, had resided in Australia since the age of eight and possessed an extensive criminal record spanning from 2000 to 2016, including convictions for property damage, common assault, aggravated break and enter, and theft. The decision was made by Dr L Bygrave, a Member of the Tribunal.

The Tribunal was required to determine whether to revoke the mandatory visa cancellation, considering the primary considerations outlined in the relevant Direction, which included the protection of the Australian community, the best interests of minor children, and the expectations of the Australian community. Additionally, the Tribunal had to consider other relevant factors, such as the applicant's ties to Australia and any impediments to his removal.

In its reasoning, the Tribunal found that the protection of the Australian community weighed heavily against revoking the cancellation. Regarding the best interests of the applicant's two minor children, who were Australian citizens, the Tribunal noted the limited and infrequent contact the applicant had with them, and that other individuals were fulfilling parental roles. Consequently, this consideration neither weighed for nor against revocation. The Tribunal also considered the expectations of the Australian community, acknowledging that while the applicant had lived in Australia for most of his life, the community would expect non-citizens to obey the law. The Tribunal found that the applicant's ties to Australia weighed in his favour, but the impediments to his removal were considered low, apart from his separation from his children and mother. Ultimately, the Tribunal concluded that the primary considerations, particularly the protection of the Australian community, outweighed the other considerations.

The Tribunal affirmed the decision to refuse visa cancellation.