Loulanting and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application by the Applicant to revoke the mandatory cancellation of his Class TY Subclass 444 Special Category (Temporary) visa. The cancellation was based on the Applicant failing to pass the character test due to having a substantial criminal record, specifically being sentenced to a term of imprisonment of three years. The Applicant sought to have this cancellation revoked, arguing there was another reason to do so.

The court was required to determine whether there was another reason to revoke the mandatory cancellation of the Applicant's visa, having regard to Ministerial Direction No. 99. This involved assessing the Applicant's evidence regarding his rehabilitation, mental health, substance abuse, and future prospects, against the primary consideration of protecting the Australian community and the other considerations outlined in the Direction.

The court found that the Applicant did not pass the character test as a matter of law due to his substantial criminal record. In considering whether to revoke the mandatory cancellation, the court examined the Applicant's submissions concerning his efforts towards rehabilitation, including addressing mental health and substance abuse issues, and his claims of personal deterrence and remorse. However, the court ultimately affirmed the decision to cancel the visa, finding that the Applicant's failure to pass the character test meant he could not rely on certain provisions for revocation. The court's reasoning focused on the mandatory nature of the character test failure and the principles within Ministerial Direction No. 99, particularly the paramount consideration of protecting the Australian community.