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

This matter concerned an appeal by the Applicant, Mamaku, against the decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his visa. The Applicant's visa was cancelled due to his failure to pass the character test, stemming from a lengthy and serious criminal history. The core of the dispute revolved around whether there was "another reason" why the visa cancellation should be revoked, as contemplated by the relevant ministerial direction.

The Tribunal was required to determine whether, in light of Ministerial Direction No. 99, the Applicant had established another reason to revoke the visa cancellation. This involved a comprehensive assessment of various considerations, including the protection of the Australian community, the nature and seriousness of the Applicant's offending conduct, the risk of reoffending, the best interests of any minor children, the strength, nature, and duration of the Applicant's ties to Australia, and the expectations of the Australian community. The Tribunal also considered other factors such as the legal consequences of the decision, impediments to removal, impact on victims, and impact on Australian business interests.

In its reasoning, the Tribunal found that the Applicant's extensive criminal history, which included 71 convictions and at least 100 charges for offences such as drug supply, break and enter, theft, dishonesty, forgery, and uttering, weighed heavily against revocation. Despite previous prison sentences and a stern warning from the Department, the Applicant had repeatedly reoffended, demonstrating a disregard for Australian law. While acknowledging the Applicant had resided in Australia for most of his life, the Tribunal concluded that this factor, along with his engagement with rehabilitation programs, did not outweigh the significant risk of harm to the Australian community posed by his criminal conduct and the possibility of reoffending. The Tribunal ultimately affirmed the decision to cancel the Applicant's visa.