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

The Administrative Appeals Tribunal (AAT) considered the case of Peneha and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the non-revocation of a mandatory visa cancellation decision made against the applicant, who had failed to pass the character test. The applicant sought to have this mandatory cancellation revoked.

The legal issues before the Tribunal were whether there was "another reason" to revoke the mandatory cancellation of the applicant's visa, considering Ministerial Direction No. 99. This required the Tribunal to weigh factors favouring revocation against factors against it, particularly in light of the applicant's criminal history and the nature of the offence that led to the cancellation.

The Tribunal found that the applicant's recidivist risk remained unchanged, and that the factors against revocation outweighed those favouring it. The Tribunal noted the applicant's extensive history of violent offences, including an assault occasioning bodily harm whilst armed and in company, which resulted in a significant laceration to the victim. The Tribunal also considered the applicant's history of associating with individuals engaged in criminal activities, lack of employment and fixed residence, and numerous breaches of bail conditions. Consequently, the Tribunal determined there was no other reason to revoke the mandatory cancellation decision. The Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of the applicant's visa.