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

The Administrative Appeals Tribunal (the Tribunal) considered the case of Mr. Nguyen and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the revocation of a mandatory visa cancellation. The hearing was conducted via audio/visual link due to COVID-19 restrictions, with the Applicant participating from the Fulham Correctional Centre where he was imprisoned.

The Tribunal was required to determine whether to revoke the mandatory cancellation of the Applicant's visa. This involved assessing various considerations, including primary and other considerations as outlined in the relevant Direction. Specifically, the Tribunal had to weigh the best interests of the Applicant's minor children in Australia, considering factors such as the nature of the relationship, the Applicant's potential future parental role, the impact of his conduct on the children, and any separation effects.

In its reasoning, the Tribunal applied the principles set out in Part C of the Direction, which categorises considerations into primary and other categories, with primary considerations generally carrying greater weight. The Tribunal considered evidence from the Applicant, his former wife, his sister, his son, and a psychologist. It noted that the Applicant's two younger children, one born in Vietnam and the other in Australia, along with his nephew, were identified as potentially affected by the decision. The Tribunal also took into account evidence of behavioural problems and developmental, behavioural, and mental health difficulties experienced by the children, as assessed by psychologists. The Tribunal found that the best interests of the minor children weighed against revoking the mandatory cancellation.