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

This matter concerned an application by Ms Peek for review of a decision to refuse to revoke the mandatory cancellation of her visa under section 501(3A) of the *Migration Act 1958* (Cth). The Applicant did not pass the character test due to a substantial criminal record, including numerous violent offences and breaches of domestic violence orders. The primary legal issue before the court was whether there was "another reason" to revoke the mandatory cancellation, considering the Applicant's personal circumstances, her ties to the Australian community, and the best interests of any minor children.

The court was required to consider the Applicant's significant mental health issues, including schizo-affective disorder and borderline personality disorder, as detailed in the report of Dr Hatzipetrou. This evidence indicated a moderate risk of imminent offending and a high risk of future offending, with the risk being contingent on the Applicant's engagement with necessary support services, including mental health treatment, stable housing, and abstinence from drugs. The court also considered the potential impediments to removal, including the impact on the Applicant's mental health and the availability of support services in New Zealand compared to Australia, particularly in relation to the NDIS.

In its reasoning, the court gave significant weight to the protection of the Australian community, noting the Applicant's extensive and serious criminal history, which demonstrated a persistent failure to change her behaviour despite previous leniency from the courts. While acknowledging the Applicant's vulnerabilities and the potential negative impact of removal on her mental health, the court ultimately found that the evidence weighed in favour of non-revocation. The court affirmed the delegate's decision to refuse to revoke the visa cancellation.