Pham and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application by Mr Manh Hung Pham, a citizen of Vietnam, to revoke the mandatory cancellation of his Class BB Subclass 155 Five Year Resident Return visa. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had cancelled the visa due to Mr Pham failing to pass the character test, based on a history of criminal convictions including drug offences, driving offences, and family violence. The Administrative Appeals Tribunal was required to determine whether there was "another reason" to revoke the cancellation.

The Tribunal was tasked with considering various factors, including the protection of the Australian community, the best interests of Mr Pham's minor children, the expectations of the Australian community, the strength and duration of his ties to Australia, and the extent of impediments to his removal. The Tribunal had to weigh these considerations against any reasons favouring revocation, applying the principles outlined in Direction No 99.

In its reasoning, the Tribunal found that Mr Pham's criminal conduct, which persisted over a long period and included violent offences and family violence, was viewed very seriously by the Australian Government and community. It noted his repeated offending, anti-social traits, and failure to provide honest information to the Department. While acknowledging the best interests of his daughter, the Tribunal concluded that she would likely cope with his removal and could maintain a relationship with him. The Tribunal ultimately found that the protection of the Australian community strongly favoured upholding the visa cancellation.

Consequently, the Tribunal was not satisfied that there was another reason to revoke the mandatory cancellation of Mr Pham's visa, and therefore affirmed the cancellation decision.