NDDG and Minister for Home Affairs (Migration)

This matter concerned an application by the Applicant for the revocation of a mandatory visa cancellation decision made by the Minister for Home Affairs. The Applicant had failed to pass the character test due to a sustained pattern of offending, including violent offences and multiple terms of imprisonment. The sole issue before the Tribunal was whether there was "another reason" pursuant to s 501CA(4)(b)(ii) of the Migration Act 1958 (Cth) that warranted the revocation of the visa cancellation.

The Tribunal was required to determine whether mitigating or extenuating factors favoured the Applicant to such an extent that the mandatory cancellation decision should be revoked. This involved considering the Applicant's criminal history, including convictions for robbery in company and armed robbery, as well as offences committed while in custody. The Tribunal also had to assess the strength, nature, and duration of the Applicant's ties to Australia, the extent of any impediment to his removal, and the best interests of any minor children.

In its reasoning, the Tribunal acknowledged the Applicant's significant criminal history, which included serious violent offences resulting in substantial terms of imprisonment. However, it also considered evidence of the Applicant's rehabilitation efforts, including the completion of various programs focused on addiction, aggression, and relapse prevention during his imprisonment. The Tribunal noted the Applicant's claims of changed thinking and behaviour, his improved self-esteem, and his willingness to seek help. Furthermore, the Tribunal considered the Applicant's relationship with his two grandsons, acknowledging the emotional impact of his absence and his stated desire to be a positive role model. The Tribunal also took into account the Applicant's previous visa cancellations and subsequent reinstatements, and his acknowledgement of the seriousness of warnings received from the Department.

The Tribunal affirmed the mandatory visa cancellation decision.