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

This matter concerned an appeal by the applicant, Mafi, against the mandatory cancellation of his visa by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The cancellation was based on the applicant failing to pass the character test. The applicant contended that there was another reason why the cancellation should be revoked, necessitating a review by the Tribunal.

The Tribunal was required to determine whether there was another reason to revoke the visa cancellation, considering the criteria set out in Ministerial Direction 90. This involved assessing various factors, including the protection of the Australian community, the nature and seriousness of the offending conduct, the risk of reoffending, the impact of family violence, the best interests of minor children, community expectations, impediments to removal, and the strength, nature, and duration of the applicant's ties to Australia.

In its reasoning, the Tribunal engaged in a "calculus" to weigh the competing considerations. It acknowledged the applicant's drug misuse, which commenced after a personal tragedy, and noted his efforts towards rehabilitation through counselling and group sessions, supported by medical reports. While the applicant's criminal record, including drug possession offences, weighed against revocation, the Tribunal found the extent of this weight to be limited, particularly as no physical harm was inflicted on victims. The Tribunal also considered the introduction of Ministerial Direction 90, which specifically highlights family violence as a matter of particular significance, reflecting a shift in public policy. Despite the seriousness of family violence offences, the Tribunal found that the applicant's overall circumstances, including his remorse and efforts at rehabilitation, presented another reason to revoke the visa cancellation.

Consequently, the Tribunal set aside the decision to cancel the applicant's visa and, in substitution, revoked the cancellation.