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

This matter concerned an appeal by Mr Nauer against the decision of the Minister for Immigration, Citizenship and Multicultural Affairs to affirm the mandatory cancellation of his visa. The appeal was heard by N A Manetta SM in the Administrative Appeals Tribunal. Mr Nauer, who had arrived in Australia as a child and held a Special Category Temporary visa, had his visa cancelled following convictions for serious offences, including armed robbery and assault. He sought revocation of the cancellation to facilitate visits to his family in Australia.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory visa cancellation, as contemplated by the Migration Act 1958 (Cth). This required the Tribunal to consider various factors, including Mr Nauer's personal circumstances, his rehabilitation, his ties to Australia, and the community's expectations as outlined in Direction 99. The Tribunal had to weigh these considerations against the seriousness of the offending conduct.

The Tribunal acknowledged Mr Nauer's significant rehabilitation efforts, including ceasing drug use, establishing a stable family life and employment in New Zealand, and his stated intention to visit family in Australia. It was accepted that he posed a low risk of reoffending and that there would be considerable impact on his relationships in Australia if the cancellation was affirmed. However, the Tribunal found that the seriousness of the armed robbery and assault offences, which involved violence and intimidation, weighed heavily against revocation. Applying Direction 99, which speaks strongly against violent offending, the Tribunal concluded that these serious criminal acts, which attracted long prison sentences, were a direct consequence of Mr Nauer's choices and that the community's expectations were clearly against him, even in the absence of a measurable risk of future harm.

Ultimately, the Tribunal decided to affirm the decision under review, meaning the mandatory cancellation of Mr Nauer's visa was upheld. This outcome prevents Mr Nauer from re-entering Australia permanently, despite his efforts at rehabilitation and his strong familial ties to the country.