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

The Administrative Appeals Tribunal considered the case of Mr Mulholland and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the mandatory cancellation of Mr Mulholland's visa due to his failure to pass the character test, and whether there were other reasons to revoke this cancellation. The Tribunal was required to assess various considerations outlined in Ministerial Direction No. 90, including the nature and seriousness of the offending conduct, the risk of reoffending, the protection of the Australian community, the best interests of any minor child, community expectations, impediments to removal, impact on victims, and the strength, nature, and duration of ties to Australia.

The Tribunal's reasoning focused on the seriousness of Mr Mulholland's criminal history, which included multiple convictions for sexual offences, some involving minors and sex workers, and an assault occasioning actual bodily harm involving a knife. The Tribunal had regard to a psychological report assessing Mr Mulholland as having a "Well Above Average" risk of sexual reoffending, despite his participation in some rehabilitation programs. While acknowledging Mr Mulholland's ties to Australia and the opinion of a clinical psychologist suggesting a minimal likelihood of reoffending if he abstained from alcohol and drugs, the Tribunal found that the primary consideration of the risk of reoffending and the seriousness of his past conduct weighed heavily against revoking the visa cancellation.

Ultimately, the Tribunal was not satisfied that there was another reason to revoke the mandatory visa cancellation. Consequently, the Tribunal affirmed the original decision to cancel Mr Mulholland's visa.