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

The Administrative Appeals Tribunal (the Tribunal) considered the case of LVMF, an applicant born in Iraq who was not in contention for being stateless. LVMF held a Class XB Subclass 202 Global Special Humanitarian visa, which was subsequently cancelled. He made representations seeking the revocation of this cancellation, but the delegate decided not to revoke it. The Tribunal was tasked with reviewing this decision.

The central legal issue before the Tribunal was whether to revoke the cancellation of LVMF's visa, applying Ministerial Direction No. 90. This required the Tribunal to consider various factors, including primary considerations such as the protection of the Australian community, and other considerations such as the best interests of minor children in Australia affected by the decision, the applicant's protection finding, the effect of prolonged detention, and the impediments to removal to a third country. The Tribunal also had to assess the applicant's personal circumstances and offending history in light of these considerations.

The Tribunal's reasoning involved a detailed examination of LVMF's offending conduct, which included an indecent assault on a victim in November 2013. The Tribunal noted the victim's fear and explicit refusals during the assault, and LVMF's subsequent dismissive message. The Tribunal also considered evidence from a psychologist, Mr. Sheehan, regarding LVMF's insight into his offending and potential risk of recidivism, noting that LVMF's account had been unstable. Regarding the best interests of minor children, the Tribunal acknowledged that LVMF had 12 nieces and nephews under 18, and while he did not have daily care and control, he maintained regular contact through various means. The Tribunal concluded that there would be some impact on these children, primarily through their parents, if the visa was not restored, but also noted that LVMF's parole conditions would affect his ability to maintain contact.

The Tribunal affirmed the decision to not revoke the cancellation of LVMF's visa.