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

This matter concerned an application to the Administrative Appeals Tribunal (AAT) by the Applicant, a Polish citizen, to revoke a mandatory visa cancellation. The cancellation was based on the Applicant failing to pass the character test due to multiple criminal convictions, primarily relating to breaches of apprehended violence orders and threats to kill. The Applicant had resided in Australia for 17 ½ years and had been granted a Partner (Subclass 801) Visa based on his marriage to an Australian citizen.

The Tribunal was required to determine whether there was "another reason" why the mandatory visa cancellation should be revoked, considering the criteria set out in Ministerial Direction No. 90. This involved assessing various primary considerations, including the protection of the Australian community, the seriousness of family violence committed by the Applicant, the best interests of his minor children, and the expectations of the Australian community. Additionally, the Tribunal had to consider other relevant factors such as international non-refoulement obligations, the impact on victims, impediments to removal, and the Applicant's ties to the Australian community.

The Tribunal found that while the protection of the Australian community weighed against revocation, and family violence weighed slightly in favour, the best interests of the Applicant's minor children weighed heavily in favour of revocation. The Tribunal also considered that the Applicant's criminal conduct was largely attributable to alcoholism, that he expressed remorse and a clear understanding of future offending, and that there was no evidence of community risk beyond driving offences related to his alcohol abuse. Furthermore, the Applicant was endeavouring to address his addiction, had the potential to contribute to Australian life through his business, and his former wife desired to resume cohabitation. The Tribunal was impressed by testimony from the Applicant's cousin and friend, who attested to his good character despite his alcohol issues.

Ultimately, the Tribunal concluded that there were "other reasons" to revoke the visa cancellation. The extent of impediments to the Applicant's removal from Australia and his strong ties to the Australian community, particularly through his family connections, weighed very strongly in favour of revocation. The Tribunal was satisfied that, subject to the Applicant refraining from alcohol and seeking counselling, he could become a worthwhile member of the Australian community. The decision to cancel the Applicant's visa was set aside and substituted with a decision to revoke the cancellation.