Lee and Minister for Home Affairs (Migration)

This matter concerned an application by the applicant, Mr Lee, for revocation of a mandatory visa cancellation decision made by the Minister for Home Affairs. The applicant sought to have his Class BS Subclass 801 Partner visa cancellation revoked. The Administrative Appeals Tribunal considered the applicant's request and the evidence presented by both parties in relation to Ministerial Direction No. 79.

The Tribunal was required to determine whether there was any other reason why the original decision to cancel the applicant's visa should be revoked, considering the primary considerations outlined in Ministerial Direction No. 79. These considerations included the protection of the Australian community, the expectations of the Australian community, the best interests of any minor children, the strength, nature, and duration of the applicant's ties to Australia, and any hardship that would be caused by removal from Australia. The applicant conceded that he did not pass the character test due to a substantial criminal record, having been sentenced to a term of imprisonment of 12 months or more.

The Tribunal's reasoning focused on the applicant's criminal history, which included drug trafficking, possession, and importation of a commercial quantity of heroin, as well as drink driving offences and gambling-related debt. The applicant claimed involvement in drug importation was due to duress and threats, but the Tribunal noted the significant scale of the importation and the applicant's role as a middleman. Despite the applicant's submissions regarding hardship and ties to Australia, the Tribunal found that the protection of the Australian community was a paramount consideration, and the seriousness of the offences weighed heavily against revocation. The Tribunal affirmed the original decision to cancel the visa.