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

This matter concerned an application by Mr Matangi for the revocation of a visa cancellation decision made under subsection 501(3A) of the *Migration Act 1958* (Cth). The applicant had a substantial criminal record and did not pass the character test. The central issue before the Tribunal was whether there was another reason why the visa cancellation should be revoked, with particular consideration given to the best interests of minor children and family violence.

The Tribunal was required to determine the weight to be given to various considerations outlined in Direction 99, including the protection of the Australian community from criminal or other serious conduct, and the presence of family violence. The Tribunal also had to assess the applicant's personal circumstances, including his mental health condition, substance abuse, remorse for his offending, and the potential impact of removal on his family.

In its reasoning, the Tribunal found Mr Matangi's offending to be very serious, noting its violent nature, the use of weapons, and its frequency. The Tribunal considered the risk of future harm to the Australian community, concluding that Mr Matangi's continued substance abuse and non-compliance with medication placed him at a very high risk of reoffending. While acknowledging the applicant's mental health issues and his remorse, the Tribunal found insufficient evidence of positive steps taken to address the risk of reoffending. The Tribunal also noted that the applicant's conduct did not constitute family violence as defined in Direction 99.

The Tribunal affirmed the decision to cancel Mr Matangi's visa.