MQGZ and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to cancel the visa of the applicant, identified as MQGZ. The applicant, a citizen of Pakistan, had been convicted of a sexually based offence involving a child. The Administrative Appeals Tribunal was required to determine whether the applicant passed the character test under section 501(6) of the Migration Act 1958 (Cth) and, if not, whether discretion should be exercised under section 501(2) of the Act to cancel his visa.

The Tribunal was tasked with considering various factors outlined in Direction No 99, including the protection of the Australian community, the nature and seriousness of the offending conduct, the risk posed to the community, and the impact on victims. It also had to weigh the strength, nature, and duration of the applicant's ties to Australia, noting the absence of minor children and the expectations of the Australian community. Furthermore, the Tribunal was to consider the legal consequences of the decision, the extent of impediments to removal to Pakistan, and the impact on Australian business interests.

In its reasoning, the Tribunal found that the applicant did not pass the character test due to his conviction for a sexually based offence involving a child. In exercising its discretion under section 501(2), the Tribunal gave significant weight to the serious nature of the applicant's conduct, which occurred over a two-year period and could have resulted in death or serious injury to his wife, and the absence of any evidence of rehabilitation. While acknowledging the applicant's Australian citizen wife and their ongoing relationship, the Tribunal noted that the applicant had not been honest with her about his offending. The Tribunal ultimately concluded that the discretion should be exercised to cancel the applicant's visa.