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

The Administrative Appeals Tribunal considered the case of QGDC and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the mandatory cancellation of the applicant's visa following his conviction for assault and indecent assault against his ex-partner, some of which occurred in the presence of their children. The applicant sought to have this cancellation revoked.

The Tribunal was required to determine whether there was "another reason" why the mandatory visa cancellation should be revoked, applying Ministerial Direction No. 79. This involved assessing various factors, including the protection of the Australian community, the expectations of the Australian community, the best interests of minor children, the strength, nature and duration of the applicant's ties to Australia, and the extent of impediments to his removal.

In its reasoning, the Tribunal applied the principles outlined in Ministerial Direction No. 79, particularly concerning the nature and seriousness of the applicant's conduct. It noted that violent and sexual crimes, especially those against women and children, are viewed very seriously. The Tribunal found that the applicant's offending, described by the sentencing judge as "serious crimes" in the complainant's home, breached his ex-partner's trust and caused distress and trauma. The Tribunal concluded that the primary considerations of protecting the Australian community and community expectations weighed moderately against revocation, while the best interests of the minor children weighed slightly against it. These factors substantially outweighed the considerations favouring revocation, such as the applicant's ties to Australia and potential impediments to removal.

Consequently, the Tribunal affirmed the decision to mandatorily cancel the applicant's visa, finding no other reason why the cancellation should be revoked.