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

This matter concerned an application by Mr Okoh to review the mandatory cancellation of his visa, which had been cancelled due to his substantial criminal record. The dispute before the Administrative Appeals Tribunal, presided over by K Millar SM, was whether the discretion to revoke this mandatory cancellation should be exercised in Mr Okoh's favour.

The Tribunal was required to determine the weight to be given to various considerations when deciding whether to revoke the mandatory visa cancellation. Specifically, it needed to assess the "Primary Considerations" and "Other Considerations" as outlined in the relevant Direction, particularly concerning the protection of the Australian community and the nature and seriousness of Mr Okoh's offending. The Tribunal also had to consider the principles informing the decision-maker, including Australia's sovereign right to determine who remains in the country and the expectation that non-citizens will be law-abiding.

The Tribunal reasoned that while the protection of the Australian community is a primary consideration, and Mr Okoh's conviction for money laundering was a serious offence, it did not involve violence or vulnerable members of the community. The potential harm from repeated offending was financial loss, which, while serious, was not of a nature that would necessarily outweigh strong countervailing considerations. The Tribunal noted that Mr Okoh had not reoffended since his detention and had not provided false or misleading information to the Department, although he had attempted to mislead police. The Tribunal concluded that an evaluation of factors occurs in the context of the individual case, and while Primary Considerations may generally outweigh Other Considerations, the reverse can occur in particular circumstances.

The Tribunal affirmed the decision to cancel Mr Okoh's visa, finding that the nature and seriousness of his offending, while not involving violence, weighed in favour of not revoking the cancellation.