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

This matter concerned an application by Navugavuga (the Applicant) to review a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) not to revoke the mandatory cancellation of his Class BS Subclass 801 (Partner) visa. The Applicant had failed to pass the character test, triggering the mandatory cancellation. The review was heard by Theodore Tavoularis SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation of the Applicant's visa, having regard to Ministerial Direction No. 79. This required the Tribunal to consider the Applicant's conduct and the risk to the Australian community.

The Tribunal considered Primary Consideration A, the protection of the Australian community, as mandated by paragraph 13.1(1) of the Direction. This principle underscores that remaining in Australia is a privilege for non-citizens, who are expected to be law-abiding and respect Australian institutions. The Tribunal noted that mandatory cancellation is consistent with this principle, particularly when non-citizens abuse this privilege by breaking laws. In assessing the weight of this consideration, the Tribunal examined the nature and seriousness of the Applicant's conduct and the risk of future offending, as required by paragraph 13.1(2) of the Direction. The Applicant's criminal history revealed approximately nine court appearances between July 2012 and May 2018, resulting in convictions for around 18 offences, including offences against the person, domestic violence, and various driving offences.

Ultimately, the Tribunal concluded that it could not exercise the discretion to revoke the cancellation of the Applicant's visa. The decision under review was therefore affirmed.