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

This matter concerned an appeal by Mr Peremai against a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to cancel his visa under subsection 501CA(4) of the *Migration Act 1958* (Cth). The cancellation was based on Mr Peremai failing to pass the character test due to a substantial criminal record. The central dispute before the Tribunal was whether there was another reason why the visa should not be refused on character grounds, with consideration given to Direction 99.

The Tribunal was required to determine if there was another reason to revoke the mandatory visa cancellation, despite Mr Peremai not passing the character test. This involved assessing the primary considerations outlined in Direction 99, specifically the protection of the Australian community from criminal or other serious conduct, and whether Mr Peremai's conduct constituted family violence. The Tribunal also had to weigh the nature and seriousness of Mr Peremai's past conduct against any evidence of rehabilitation and the risk of future offending.

The Tribunal acknowledged Mr Peremai's extensive criminal record, which included convictions for offences such as contravening an apprehended violence order, break and enter, common assault, and high-range drink-driving, some of which involved family violence. It also noted his history of self-harm and suicidal ideation, and his submissions regarding a difficult childhood and alcohol abuse as contributing factors to his offending. The Tribunal found that while Mr Peremai had demonstrated insight into his alcohol abuse and expressed remorse, his extended sobriety and rehabilitation efforts had yet to be tested in the community. The Tribunal concluded that the protection of the Australian community weighed against revocation, affording this consideration moderate weight. The Tribunal also found that Mr Peremai's conduct included acts of family violence that had persisted despite court warnings.

Ultimately, the Tribunal set aside the reviewable decision and substituted it with a new decision. While acknowledging the seriousness of Mr Peremai's offending and the risk of reoffending if he did not remain sober, the Tribunal found that his appreciation of his alcohol problem, his remorse, and his commitment to rehabilitation, including commencing residential rehabilitation, constituted another reason why the visa should not be refused on character grounds.