Peters and Minister for Immigration and Border Protection (Migration)

The applicant, Peters, sought judicial review of the Minister for Immigration and Border Protection's decision to affirm the mandatory cancellation of his visa. The dispute centred on whether the Minister had properly considered the relevant factors under Ministerial Direction No. 65 when deciding not to revoke the cancellation. The matter came before Deputy President B W Rayment of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Minister had given sufficient weight to the "other considerations" favouring the applicant, particularly in light of the primary considerations relating to the protection of the Australian community and the character test, which the applicant had failed due to a substantial criminal record. The Tribunal was required to determine if the Minister's assessment of these competing considerations was reasonable and lawful.

Deputy President Rayment reasoned that Ministerial Direction No. 65 mandated a balancing exercise between the serious nature of the applicant's criminal conduct and any mitigating factors. The Tribunal found that the Minister had adequately considered the applicant's personal circumstances and the potential impact of revocation, but ultimately concluded that the protection of the Australian community and the seriousness of the criminal offending were paramount. The Tribunal affirmed the Minister's decision, finding that it was open to the Minister to conclude that the non-revocation of the visa cancellation was the correct and preferable decision.