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

This matter concerned an application by NLHN, a New Zealand citizen, to revoke the mandatory cancellation of his Class TY, Subclass 444 Special Category (Temporary) visa. The cancellation was based on NLHN failing to pass the character test due to a substantial criminal record, having been sentenced to a term of imprisonment of 12 months or more. The decision-maker was required to consider whether there was another reason to revoke this cancellation, in accordance with Direction No. 79 issued by the Minister.

The legal issues before the Senior Member were to assess and evaluate the factors for and against revoking the visa cancellation, as prescribed by Direction No. 79. This involved considering the primary considerations of protecting the Australian community and the best interests of minor children in Australia, as well as other considerations including the expectations of the Australian community, the strength, nature and duration of the applicant's ties to Australia, and the extent of impediments he might face if removed.

The Senior Member found that the expectations of the Australian community weighed heavily against revoking the cancellation. While NLHN had resided in Australia for over 20 years and had significant family ties, including a partner and daughter, his criminal history commenced at a young age and continued throughout his adult life. The Senior Member noted limited evidence of positive contributions to the Australian community and considered the applicant's high-moderate risk of reoffending. The Senior Member also considered the extent of impediments NLHN might face if removed to New Zealand, but this was weighed against the primary consideration of community protection.

The Senior Member affirmed the decision to cancel NLHN's visa, finding that there was no other reason to revoke the mandatory cancellation.