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

The Administrative Appeals Tribunal (the Tribunal) considered the case of LZGG and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the mandatory cancellation of LZGG's Class TY Subclass 444 Special Category (Temporary) visa, which had been cancelled due to LZGG failing to pass the character test owing to a substantial criminal record. The central issue was whether the discretion to revoke this mandatory cancellation should have been exercised in LZGG's favour.

The Tribunal was required to determine whether the delegate of the Minister had properly exercised the discretion to refuse to revoke the mandatory cancellation of LZGG's visa. This involved assessing whether the delegate had given adequate consideration to the relevant factors, including the primary considerations and other considerations as outlined in Ministerial Direction No. 79. The Tribunal also had to consider whether the delegate's decision was affected by an error of law.

In its reasoning, the Tribunal found that the delegate had failed to adequately consider certain primary considerations, specifically the best interests of minor children and the impact of the cancellation on the applicant's family. The Tribunal noted that while the delegate had acknowledged these factors, the weight given to them was insufficient when balanced against the risk to the Australian community. The Tribunal applied the principles of Ministerial Direction No. 79, emphasising the importance of a holistic assessment of all relevant considerations.

Consequently, the Tribunal set aside the delegate's decision and substituted a new decision, revoking the mandatory cancellation of LZGG's visa.