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

This matter concerned an application by Mr Mounga to revoke a mandatory visa cancellation decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute arose because Mr Mounga had failed to pass the character test due to having a 'substantial criminal record' as defined by the Migration Act 1958 (Cth). The sole issue before the Tribunal was whether there was another reason to revoke the original cancellation decision.

The Tribunal was required to consider whether Mr Mounga's circumstances constituted another reason to revoke the visa cancellation. This involved assessing the protection of the Australian community, the best interests of minor children, the expectations of the Australian community, the extent of impediments to removal, the impact on victims, and Mr Mounga's links to the Australian community, all within the framework of Direction No. 90.

The Tribunal acknowledged Mr Mounga's extensive criminal history, including violent offences and domestic violence, which it considered very serious. It also noted his disregard for authority and the law, evidenced by convictions for failing to appear on bail and his driving record. However, the Tribunal also considered Mr Mounga's upbringing in Australia, his strong cultural connection to the Aboriginal community, his adoption by an Aboriginal Elder, his identification as Aboriginal, and his five children with an Aboriginal woman, who were all Australian citizens. The Tribunal found that Mr Mounga had made positive contributions to his community and that his removal would have a significant impact on his Australian children.

Ultimately, the Tribunal set aside the original decision to cancel Mr Mounga's visa and substituted it with a decision to revoke the cancellation.