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

This matter concerned an application by Mr. Leota, a citizen of New Zealand, for review of the mandatory cancellation of his Class TY, Subclass 444 Special Category (Temporary) visa. The cancellation was based on Mr. Leota failing to pass the character test due to criminal convictions. The dispute before the Tribunal was whether there was "another reason" to revoke this cancellation.

The Tribunal was required to determine whether the considerations favouring the revocation of the visa cancellation outweighed those against it, specifically in light of Direction No. 90. This involved assessing the primary consideration of protecting the Australian community from serious conduct, the nature and seriousness of Mr. Leota's conduct, and the risk to the community should he reoffend. The Tribunal also had to consider other relevant factors, including the best interests of minor children in Australia, the strength and duration of Mr. Leota's ties to Australia, and the extent of any impediment he would face if removed.

The Tribunal reasoned that while Mr. Leota's convictions, including drug supply and stalking offences, were serious, the sentencing magistrate had noted his forthcomingness with police, his previous hard work, and his excellent prospects of rehabilitation. The magistrate had described the offending period as a "bad, bad period of life" from which Mr. Leota had learned. The Tribunal found that the considerations favouring revocation, including the potential for rehabilitation and the impact on his family, outweighed the risk to the Australian community.

Consequently, the Tribunal set aside the decision to cancel Mr. Leota's visa, finding that there was another reason for its revocation.