Ozer and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by Mr Ozer to revoke the mandatory cancellation of his Class BC Subclass 100 Partner (Permanent) visa. The Minister for Immigration and Border Protection had cancelled Mr Ozer's visa under section 501(3)(b) of the *Migration Act 1958* (Cth) because he did not pass the character test. The Administrative Appeals Tribunal was required to determine whether there was another reason to revoke this cancellation.

The Tribunal was tasked with considering the primary considerations outlined in Part C of the relevant Direction, which include 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 to have regard to the nature and seriousness of Mr Ozer's conduct and the risk of future offending. The best interests of the children required consideration of the relationship with Mr Ozer, his likely future parental role, and the impact of his conduct on them. Finally, the Tribunal had to consider the community's expectation that non-citizens obey Australian laws.

The Tribunal reasoned that while Mr Ozer had pleaded guilty to violent offences committed in the presence of his son, the risk of reoffending was minimal. It found that the Australian community would likely support Mr Ozer being given another chance and that his continued presence in Australia was in the best interests of his children. The Tribunal also noted the strength, nature, and duration of Mr Ozer's ties to Australia as factors weighing in his favour.

Consequently, the Tribunal set aside the decision to cancel Mr Ozer's visa and substituted a decision revoking the cancellation.