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

This matter concerned an appeal by the applicant, LEAU, against the mandatory cancellation of his visa. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had cancelled LEAU's visa under subsection 501CA(4) of the *Migration Act 1958* (Cth). The Administrative Appeals Tribunal (AAT) was required to determine whether the decision to cancel LEAU's visa should be set aside.

The primary legal issue before the Tribunal was whether the decision-maker had properly considered the primary considerations under Direction No. 90, specifically the protection of the Australian community and the expectations of the Australian community. This involved assessing the seriousness of LEAU's conduct, which included domestic violence offences and a breach of an apprehended violence order, against his links to the Australian community and other subjective factors. The Tribunal also had to consider the definition of "family violence" as it applied under the Direction.

The Tribunal reasoned that while the protection of the Australian community weighed heavily against revocation due to the serious nature of violent crimes against women and acts of family violence, there was a very low risk of future offending towards a third party. The Tribunal noted that the conduct, including the display of a knife during a relationship breakdown, was a despicable act and could not be justified. However, the Tribunal was not confident that the risk of self-harm was sufficiently low to be discounted. The Tribunal also considered the definition of family violence, noting that while LEAU's behaviour met the criteria for violence, it was uncertain whether the victim was considered a "member of the family" for the purposes of the Direction, as neither the *Migration Act* nor the Direction provided a comprehensive definition.

The Tribunal ultimately set aside the decision to cancel LEAU's visa.