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

The applicant, Mr. Moody, sought judicial review of the Minister's decision to affirm the mandatory cancellation of his Class BB Subclass 155 Resident Return (Permanent) visa. The dispute arose because Mr. Moody did not pass the character test, leading to the cancellation of his visa. The matter was heard by Rebecca Bellamy M in the Federal Circuit and Family Court of Australia.

The court was required to determine whether there was "another reason" to revoke the mandatory cancellation of Mr. Moody's visa, considering the provisions of Ministerial Direction No. 79. This involved assessing the appropriate weight to be given to both primary and other considerations, as outlined in the Direction, particularly in relation to the protection of the Australian community.

The court reasoned that while Ministerial Direction No. 79 requires decision-makers to give appropriate weight to both primary and other considerations, it generally mandates that primary considerations be given greater weight. In this instance, the court found that the applicant's extensive traffic infringement history, including multiple instances of speeding, unlicensed driving, disqualified driving, and drug driving, constituted a significant factor under Primary Consideration A – Protection of the Australian Community. The court noted the frequency and cumulative effect of the applicant's offending, and the risk to the community should he commit further offences. Consequently, the court concluded that it could not exercise the discretion to revoke the cancellation of the applicant's visa.

The decision under review was affirmed.