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

The applicant, McMillan, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to affirm the mandatory cancellation of his Class TY Subclass 444 Special Category (Temporary) visa. The dispute centred on whether there was "another reason" to revoke the mandatory cancellation, considering Ministerial Direction No. 99.

The court was required to determine the weight to be given to various considerations under Ministerial Direction No. 99, specifically concerning the protection of the Australian community and the best interests of the applicant's minor children. This involved assessing the nature and seriousness of the applicant's past conduct, the risk of future offending, and the strength and duration of his ties to Australia, including the impact of his removal on his family.

The Tribunal found that while the applicant had significant family ties in Australia, particularly with his partner and two children, these were outweighed by the seriousness and frequency of his offending. The applicant's criminal history, which included robbery, burglary, theft, and domestic violence offences, some of which were more serious than his New Zealand offending, indicated a pattern of behaviour that posed a risk to the community. Furthermore, the Tribunal noted that the applicant had not established strong social links outside his immediate family and had not been gainfully employed in Australia for the 14 years he had resided there. Despite acknowledging the impact of removal on his children, the Tribunal concluded that the protection of the Australian community was paramount and that the applicant's conduct did not warrant the revocation of the visa cancellation.

The Tribunal affirmed the decision not to revoke the mandatory cancellation of the applicant's visa.