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

This matter concerned an application to revoke the mandatory cancellation of a visa held by the applicant, QBTP, following his failure to pass the character test due to a history of criminal offending. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs opposed the application. The decision was made by Emeritus Professor P A Fairall, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether to revoke the mandatory cancellation of the applicant's visa, considering various "other considerations" as relevant. These included the protection of the Australian community from criminal or other serious conduct, the nature and seriousness of the applicant's conduct, the risk of further offending, and the impact of removal on the best interests of minor children in Australia. The Tribunal also had to consider the strength, nature, and duration of the applicant's ties to Australia and any impediments to his return to his country of origin.

The Tribunal reasoned that while the applicant had a significant criminal record, including domestic violence and serious driving offences, and had reoffended after receiving a formal administrative warning about the consequences for his immigration status, this was not fatal to his application. The Tribunal noted that the applicant's offending did not demonstrate a trend of increasing seriousness. It acknowledged that the nature of his past offences, such as domestic violence and property damage, posed a risk to the community if repeated. However, the Tribunal also considered the applicant's stated commitment to not reoffend, particularly in light of his family ties and responsibilities, and the fact that his offending may have been influenced by underlying issues such as depression. The Tribunal ultimately found that the risk of reoffending was not sufficiently high to outweigh other considerations, including the best interests of his minor children in Australia.

The Tribunal set aside the mandatory cancellation of the applicant's visa and substituted a decision to revoke the cancellation.