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

This matter concerned an application by a New Zealand citizen for review of a decision to cancel his visa on character grounds, specifically due to sexually based offending involving a child. The applicant had resided in Australia for a significant period and had three Australian citizen children with significant health needs. The dispute centred on whether the cancellation of the visa was justified in light of the applicant's personal circumstances and the relevant considerations under Ministerial Direction No. 90. The decision was made by D. J. Morris SM.

The primary legal issues before the court were to determine the weight to be given to various considerations under Ministerial Direction No. 90, including the protection of the Australian community, the best interests of minor children in Australia, the expectations of the Australian community, the extent of impediments to removal, the impact on victims, and the applicant's links to the Australian community. The court was required to assess the seriousness of the applicant's past offending, which occurred between 1997 and 2000 and involved a child victim aged between three and six, and the risk of reoffending.

The court considered the applicant's convictions for offences involving touching a child victim over a three-year period, noting the victim's age and the applicant's later admission of some touching. The court found that the primary consideration of protecting the Australian community was not engaged, weighing neutrally. However, it was mandated to consider the best interests of the applicant's three minor Australian citizen sons, all of whom had significant special needs, including Autism Spectrum Disorder, ADHD, and intellectual disabilities. The court acknowledged the complexity of their medical conditions and the reliance on NDIS plans for their care, indicating that these factors were central to the assessment of their best interests.