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

This matter concerned an application for review of a delegate of the Minister's decision to refuse to revoke the mandatory cancellation of the Applicant's visa. The Applicant, who arrived in Australia at age 15, had a criminal record including robbery in company, dishonestly obtaining property by deception, stalking and intimidating with intent to cause fear of physical harm, and three counts of recklessly dealing with proceeds of crime. The mandatory cancellation was triggered by the Applicant failing the character test due to his substantial criminal record.

The Administrative Appeals Tribunal was required to determine whether there was "another reason" why the mandatory cancellation of the Applicant's visa should be revoked, pursuant to s 501CA(4) of the Migration Act 1958 (Cth). In making this determination, the Tribunal was bound to consider Ministerial Direction No. 90, which outlines the factors to be taken into account when exercising the discretion to revoke a mandatory visa cancellation. These factors include the protection of the Australian community, the best interests of minor children, expectations of the Australian community, ties to Australia, and impediments to removal, as well as international non-refoulement obligations.

The Tribunal considered the nature and seriousness of the Applicant's offending conduct, noting that while his first offence involved robbery with violence, he was a willing participant. The Tribunal also considered his subsequent offences, including domestic violence and money laundering, and the sentencing remarks of the judges involved, which highlighted the seriousness of the conduct and a lack of learning from previous offending. The Tribunal also had regard to the Applicant's expressed remorse, his time in detention for reflection, his desire to be a positive contributor to the community, and his strong ties to Australia, including his family and employment prospects. The Tribunal ultimately found that there was another reason to revoke the mandatory cancellation of the Applicant's visa.

The Tribunal set aside the delegate's decision and substituted it with a decision to revoke the mandatory cancellation of the Applicant's visa.