NWLH and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for review of a decision by the Minister for Immigration and Border Protection to refuse to revoke the mandatory cancellation of the applicant's visa. The applicant, NWLH, had a substantial criminal record in Australia. The Administrative Appeals Tribunal was required to consider whether the cancellation of the visa should be revoked, having regard to the considerations outlined in Direction 65.

The Tribunal was tasked with determining the weight to be given to three primary considerations: the protection of the Australian community from criminal or other serious conduct, the best interests of minor children in Australia, and the expectations of the Australian community. In assessing the protection of the Australian community, the Tribunal was required to consider the nature and seriousness of the applicant's past conduct and the risk of future offending.

The Tribunal found that the applicant's criminal history was extensive and included serious violent offences, such as assaults occasioning actual bodily harm, assaults on police officers, and the use of an offensive weapon. The Tribunal also noted the applicant's repeated breaches of apprehended violence orders and bail conditions, indicating a disregard for court orders. Despite submissions that the applicant's offending was "street-level" and had not caused severe harm, the Tribunal considered the circumstances surrounding the offences to be very serious. While the best interests of minor children favoured revocation, this was outweighed by the seriousness of the applicant's conduct, the risk of future harm, and the expectations of the Australian community.

Ultimately, the Tribunal was satisfied that the decision not to revoke the cancellation of the applicant's visa was correct. The decision under review was affirmed.