Matthews and Minister for Home Affairs (Migration)

This matter concerned an appeal by Mr Matthews against the mandatory cancellation of his visa. The cancellation was based on Mr Matthews having a substantial criminal record, which meant he failed the character test under the Migration Act 1958 (Cth). The primary issue before the Administrative Appeals Tribunal was whether there was "another reason" why the mandatory cancellation decision should be revoked, as permitted by section 501CA(4)(b)(ii) of the Act.

The Tribunal was required to consider the merits of revoking the visa cancellation in accordance with Direction No. 65. This Direction mandates that the Tribunal give primary consideration to the protection of the Australian community, assessing the seriousness of the applicant's conduct and the risk of future offending. The Tribunal also had to consider other relevant factors, including the applicant's personal circumstances and any rehabilitation efforts.

The Tribunal found that Mr Matthews did indeed have a substantial criminal record, as defined by the Act, due to a sentence of imprisonment of 12 months or more. The offending involved a home invasion where the victim, Mr Davis, was subjected to a "sustained and brutal attack" and sustained serious injuries. While Mr Matthews' family provided evidence of positive changes in his behaviour, including undertaking courses in prison and expressing remorse, the Tribunal weighed these against the gravity of the offence and the risk to the community. The Tribunal noted a previous instance in 2006 where a visa cancellation discretion was exercised in Mr Matthews' favour, but found that the circumstances of the current offending were significantly more serious.

Ultimately, the Tribunal determined that there was no other reason why the original decision to cancel Mr Matthews' visa should be revoked. The seriousness of the offence, the gratuitous violence inflicted upon an innocent victim, and the risk posed to the Australian community outweighed the mitigating factors presented. Accordingly, the Tribunal affirmed the decision to cancel Mr Matthews' visa.