Moss and Minister for Immigration and Border Protection (Migration)

This matter concerned an appeal by Mr Moss against the mandatory cancellation of his Special Category (Temporary) Visa by the Minister for Immigration and Border Protection. The appeal was heard by the Administrative Appeals Tribunal. The primary dispute revolved around whether the applicant met the character test under section 501(6) of the *Migration Act 1958* (Cth), which had led to the cancellation of his visa.

The Tribunal was required to determine whether the applicant posed a risk to the Australian community and to consider the best interests of his minor child, as well as the expectations of the Australian community, in deciding whether to revoke the visa cancellation. Specifically, the Tribunal had to assess the nature and likelihood of harm should the applicant re-offend, taking into account his criminal history and any evidence of rehabilitation.

The Tribunal's reasoning focused on the applicant's extensive criminal record, which included numerous breaches of an apprehended violence order, convictions for using a carriage service to menace/harass/offend, and imprisonment for possessing prohibited weapons. Despite the applicant's explanations regarding his desire to see his son and his claims about moving residence, the Tribunal found that the police records indicated a pattern of threatening and harassing behaviour towards his wife. Applying clause 9.1.2(2) of the relevant Direction, the Tribunal concluded that the applicant posed a continuing risk to the Australian community. The Tribunal affirmed the decision to cancel the visa.