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

This matter concerned an application by the Applicant for review of a decision by a delegate of the Minister not to revoke the mandatory cancellation of his Class BB Subclass 155 Five Year Resident Return visa. The cancellation was based on the Applicant failing to pass the character test due to having a substantial criminal record. The Administrative Appeals Tribunal was required to determine if there was "another reason" why the visa cancellation should be revoked, in accordance with section 501CA(4) of the Migration Act 1958 (Cth).

The central legal issue before the Tribunal was whether to exercise the discretion to refuse to grant the visa, considering the Applicant's substantial criminal record and the mandatory cancellation provisions. This required the Tribunal to comply with Ministerial Direction No. 90, which outlines the considerations for visa refusal and cancellation. The Tribunal had to weigh the primary considerations, particularly the protection of the Australian community from harm, against other considerations, including any international non-refoulement obligations.

The Tribunal's reasoning focused on assessing the Applicant's insight into his offending, his acceptance of responsibility, and the sincerity of his contrition, particularly in relation to his past drug use. While acknowledging the Applicant's difficult personal history and genuine desire to avoid resuming drug addiction, the Tribunal found the Applicant to be a "poor historian" who appeared to reconstruct past events to present himself more favourably. The Tribunal applied Ministerial Direction No. 90, considering the nature and seriousness of the Applicant's conduct and the risk to the community. The Tribunal noted that acts of family violence are viewed very seriously by the Australian Government and community, as specified in the Direction.

The Tribunal affirmed the decision not to revoke the visa cancellation.