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

The Administrative Appeals Tribunal (AAT) considered the case of an applicant, a citizen of New Zealand, whose Class TY, Subclass 444 Special Category (Temporary) visa was mandatorily cancelled due to failure to pass the character test, specifically in relation to domestic violence offences. The applicant sought revocation of this cancellation decision.

The primary legal issue before the Tribunal was whether there was "another reason" why the mandatory visa cancellation decision should be revoked, as contemplated by the relevant provisions of the *Migration Act 1958* (Cth). This required the Tribunal to consider the factors outlined in Part C of Direction No. 79, focusing on the primary consideration of the protection of the Australian community.

In its reasoning, the Tribunal examined the applicant's conduct, including his criminal history involving domestic violence, and assessed the risk to the Australian community. The Tribunal considered various factors relevant to the seriousness of the applicant's conduct, such as the nature of the offences, the cumulative effect of offending, and the principle that crimes against women are viewed very seriously. The Tribunal also considered the applicant's personal circumstances, including his background, employment history, drug and alcohol use, and family ties in New Zealand. Ultimately, the Tribunal found that the applicant could not rely on specific grounds for revocation and that there was no other compelling reason to revoke the mandatory visa cancellation decision.