Puni and Minister for Home Affairs (Migration)

This matter concerned an application by Mr Puni, a citizen of New Zealand, for review of a delegate's decision not to revoke the mandatory cancellation of his visa. Mr Puni arrived in Australia at the age of 15 and had resided there for approximately 18 years. His visa was cancelled on character grounds in June 2017, at which time he was serving a significant term of imprisonment. This was the second time his visa had been cancelled on character grounds, following an earlier cancellation in 2005 which was subsequently set aside by the Tribunal.

The Tribunal was required to determine whether there was "another reason" why the mandatory cancellation of Mr Puni's visa should be revoked, as contemplated by s 501CA(4)(b)(ii) of the Migration Act 1958 (Cth). This involved considering whether any identified reason carried sufficient weight or significance to warrant revocation, having regard to the principles outlined in *Viane v Minister for Immigration and Border Protection* [2018] FCAFC 116. The Tribunal considered various factors relating to the nature and seriousness of Mr Puni's criminal offending, including the frequency and cumulative effect of his convictions, and the potential risk to the Australian community.

The Tribunal found that Mr Puni's offending was very serious, with a cumulative effect and persistent nature that posed an unacceptable risk to the Australian community. Despite acknowledging Mr Puni's long-term residency in Australia, his family ties, and his stated commitment to rehabilitation and addressing substance abuse, the Tribunal concluded that these factors were outweighed by the gravity of his criminal conduct. The Tribunal noted that Mr Puni had previously been given an opportunity to rehabilitate following the setting aside of a prior visa cancellation and a formal warning, but had re-offended. Consequently, the Tribunal affirmed the decision not to revoke the visa cancellation.