Paerau (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs to cancel the applicant's Subclass 444 (Special Category) visa. The applicant, who had resided in Australia since the age of seven, had multiple criminal convictions, including offences related to domestic violence. The Department's decision to cancel the visa was based on the ground that the applicant had been convicted of a crime and that his continued presence in Australia may pose a risk to the Australian community. The applicant sought to have this cancellation decision set aside.

The Administrative Appeals Tribunal was required to determine whether the ground for cancellation under section 116(1)(e) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal also had regard to the best interests of the applicant's three minor children, the extent of hardship that cancellation might cause to the applicant and his family, and the applicant's efforts towards rehabilitation, including participation in a rehabilitation program and mental health treatment.

The Tribunal found that the ground for cancellation under section 116(1)(e) was satisfied due to the applicant's criminal conduct. In exercising its discretion, the Tribunal considered various factors, including the applicant's long-standing ties to Australia, his family presence, and the potential hardship to his family if he were removed. Despite acknowledging these factors and the applicant's claims of rehabilitation and employment prospects, the Tribunal weighed them against the repeated nature of the criminal conduct and the risk to the community. Ultimately, the Tribunal concluded that the circumstances as a whole warranted the cancellation of the visa.

The Tribunal affirmed the decision to cancel the applicant's Subclass 444 (Special Category) visa.