Maut and Minister for Home Affairs (Migration)

This matter concerned an application by Mr Maut for review of the Minister for Home Affairs' decision to cancel his Global Special Humanitarian visa (Class XB, subclass 202). The cancellation was based on Mr Maut failing to pass the character test due to a substantial criminal record, which included numerous convictions for offences such as assault, intimidation, and offensive behaviour, some of which resulted in custodial sentences. The Minister's discretion to revoke such a cancellation decision was engaged, requiring consideration of whether there was "another reason" to do so.

The Tribunal was required to determine whether there was another reason why the visa cancellation decision should be revoked, considering all relevant factors both for and against revocation. This involved assessing whether the exercise of the discretion to revoke the cancellation was lawful, fair, and rational in all the circumstances, and ultimately determining the correct or preferable outcome. The Tribunal was directed to have regard to Ministerial Direction No. 65, which outlines considerations such as the protection of the Australian community, the risk of reoffending, community expectations, the best interests of minor children, the strength of ties to Australia, the impact on victims, hardship, and the applicant's personal circumstances, including any disability or trauma.

The Tribunal reasoned that while Mr Maut possessed a substantial criminal record, his more recent offences since mid-2015 were characterised as offensive behaviour rather than significant violence. It was noted that these offences appeared to stem from unresolved anxiety, depression, post-traumatic stress disorder, and grief following his wife's death, which contributed to his alcohol abuse. The Tribunal found that Mr Maut had made significant progress in addressing these underlying issues and ameliorating their influence on his future behaviour. Coupled with the potentially grave consequences of his removal to South Sudan and the limited basis for apprehending significant future harm from his re-offending, the Tribunal concluded that the preferable outcome was to set aside the cancellation decision.

Accordingly, the Tribunal set aside the decision under review and, in substitution for the 30 April 2018 decision, revoked the 17 July 2017 decision to cancel Mr Maut's visa, thereby restoring his visa status.