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

This matter concerned an application by Mr Mihai (the Applicant) to the Administrative Appeals Tribunal (the Tribunal) seeking revocation of a mandatory visa cancellation decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The Applicant, who had resided in Australia for approximately 22 years, had failed to pass the character test due to a significant criminal history, including 49 offences over 18 court appearances between 2001 and 2020.

The Tribunal was required to determine whether there was "another reason" why the mandatory visa cancellation decision should be revoked, pursuant to section 501CA(4)(b)(ii) of the Migration Act 1958 (Cth). In making this determination, the Tribunal was directed to consider the primary considerations outlined in Direction 90, specifically the protection of the Australian community, and other considerations.

The Tribunal's reasoning focused on the assessment of the Applicant's criminal conduct against the criteria in Direction 90. It noted that violent crimes, crimes against women or children, and acts of family violence are viewed very seriously. The Applicant's criminal history included convictions for assault occasioning actual bodily harm, where he admitted to grabbing and squeezing his then-partner's throat, and an earlier allegation of punching his pregnant partner. The Tribunal considered the frequency and cumulative effect of his offending.

The Tribunal found that the Applicant did not satisfy the character test and that section 501CA(4)(b)(i) of the Act could not be invoked to revoke the mandatory visa cancellation decision. The decision affirmed the mandatory visa cancellation.