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

This matter concerned an application by Mr Ngatoko (the applicant) for the non-revocation of a mandatory visa cancellation. The Minister for Immigration, Citizenship and Multicultural Affairs (the respondent) opposed the application. The case was heard by Emeritus Professor P A Fairall, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether to revoke the mandatory cancellation of the applicant's visa, considering the primary considerations outlined in Direction No. 99. These considerations included the protection of the Australian community, the applicant's engagement in family violence, and the best interests of any minor children in Australia affected by the decision. The Tribunal also had to assess the strength, nature, and duration of the applicant's ties to Australia, the expectations of the Australian community, and the impediments the applicant might face if removed from Australia.

The Tribunal reasoned that while the protection of the Australian community remained a potent factor against revoking the visa cancellation, it weighed less strongly than at the time of the previous hearing, given the passage of time since the offending and the applicant's subsequent conduct. The applicant had been released from immigration detention and had been living in the community for a year, maintaining daily contact with his sister and her children, and had his drug addiction under control with medical supervision. The Tribunal also considered the applicant's relationship with his sister and her children, noting a supporting reference from his sister describing him as a "role model" and "father figure." Despite concerns about past associations with outlaw motorcycle gangs, the applicant stated he had cut ties with those individuals.

The Tribunal ultimately set aside the decision to refuse to revoke the mandatory visa cancellation.