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

This matter concerned an application for review of a decision by the delegate of the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to revoke the mandatory cancellation of the applicant's Special Category (Class TY)(Subclass 444) temporary visa. The applicant, a citizen of the Cook Islands and therefore a New Zealand citizen, had his visa cancelled due to having a substantial criminal record. The Administrative Appeals Tribunal was required to consider the applicant's representations and the relevant ministerial directions.

The primary legal issues before the Tribunal were whether the protection of the Australian community, as outlined in paragraph 8.1 of Ministerial Direction No. 90, was engaged and how it weighed against the applicant, and whether the best interests of any minor children affected by the decision were served by non-revocation, pursuant to paragraph 8.3 of the Direction. The Tribunal also needed to determine the applicant's country of reference for the purposes of the Direction.

The Tribunal found that New Zealand was the country of reference. Regarding the primary consideration of protecting the Australian community, the Tribunal was satisfied that this was engaged and weighed heavily against the applicant due to his extensive criminal history, which included violent crimes and acts of family violence, including a serious incident of strangulation and threats to kill. The Tribunal was not reassured that the applicant appreciated his anger management issues or propensity for abuse. Concerning the best interests of minor children, the Tribunal found that the applicant did not have a parental role in relation to the six named minor children, and his contact with them was infrequent, despite some evidence of a positive relationship when contact occurred.

The Tribunal affirmed the decision to cancel the applicant's visa.