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

This matter concerned an application for review of a decision by the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs not to revoke the mandatory cancellation of Mr Lines' visa. Mr Lines, who was offshore, had a substantial criminal record and was subject to the character test. The review was conducted by Mrs J C Kelly, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the mandatory cancellation of Mr Lines' visa should be revoked, considering the primary considerations and other considerations as set out in Direction 79. The primary considerations included the protection of the Australian community, the risk of reoffending, and the best interests of any minor children. The "other considerations" relevant to this case included the strength, nature and duration of Mr Lines' ties to Australia, the impact on Australian business interests, and the impact on victims.

The Tribunal found that Mr Lines' concerns about returning to New Zealand did not engage Australia's non-refoulement obligations. While Mr Lines claimed strong ties to Australia through family and past volunteer work, the Tribunal noted contradictions in the evidence regarding his family in New Zealand and Australia, and the lack of evidence from his family members. His business interests were not considered to significantly compromise any major project or important service in Australia. Ultimately, the Tribunal concluded that the considerations in favour of revocation were heavily outweighed by the considerations against revocation, and there was no other reason for the visa cancellation to be revoked.

The Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of Mr Lines' Class TY Subclass 444 Special Category (Temporary) visa.