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

The Administrative Appeals Tribunal considered the case of Omani and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the non-revocation of a mandatory cancellation of the applicant's Class TY Subclass 444 Special Category Temporary visa. The applicant had a substantial criminal record, and the central question was whether there was another reason why the decision to cancel his visa should be revoked, particularly in light of Ministerial Direction No. 99.

The Tribunal was required to determine whether the applicant passed the character test, given his criminal offending, and whether any other compelling reasons existed to revoke the visa cancellation. This involved a detailed assessment of the applicant's criminal history against the criteria set out in Ministerial Direction No. 99, which outlines factors to be considered when assessing the nature and seriousness of a non-citizen's conduct.

In reaching its decision, the Tribunal applied the principles outlined in Ministerial Direction No. 99, specifically paragraph 8.1.1(1). The Tribunal noted that sub-paragraph 8.1.1(1)(a) categorises violent crimes as being viewed "very seriously" by the Australian Government and community. The applicant's convictions for acts of violence fell squarely within this category, indicating that his offending was considered very serious. After taking a holistic view of all relevant evidence, including primary and other considerations under the Direction, the Tribunal concluded that the decision to affirm the non-revocation of the visa cancellation was favoured.

Consequently, the Tribunal affirmed the decision made by the delegate of the Minister on 5 September 2023, to not revoke the mandatory cancellation of the applicant's visa.