Pessoa Firme and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This case concerned an application to review the non-revocation of a mandatory cancellation of the Applicant's Class EN subclass 186 Employer Nomination Scheme visa. The Applicant did not pass the character test, leading to the mandatory cancellation. The central dispute was whether there was "another reason" to revoke this cancellation, considering Ministerial Direction No. 99. The matter was heard by Rebecca Bellamy SM.

The legal issues before the court were whether the Applicant's conduct warranted the mandatory cancellation of his visa and, if so, whether there were any other compelling reasons, as contemplated by Ministerial Direction No. 99, to revoke that cancellation. Specifically, the court had to assess the seriousness of the Applicant's multiple violent offences, including acts of family violence, and consider the extent to which he had demonstrated rehabilitation.

The court reasoned that the Applicant's conduct, particularly the violent attacks on Ms B which occurred in contravention of a Domestic Violence Order, was very serious. These acts included punching, dragging by the hair, throwing a mobile phone causing a broken orbital bone, and biting. The court noted that the leniency of some court sentences did not diminish the gravity of the conduct itself. Furthermore, the court found insufficient evidence of rehabilitation to outweigh the seriousness of the offences and the risk to the Australian community.

Ultimately, the court determined that even when considering the potential adverse impacts of non-revocation on the Applicant and others, the factors against revoking the cancellation prevailed. Consequently, the court found no other reason to revoke the mandatory cancellation of the Applicant's visa and affirmed the decision under review.