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

The applicant, QKJY, sought judicial review of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision not to revoke the mandatory cancellation of their Class XB Subclass 202 Global Special Humanitarian Visa. The applicant failed to pass the character test due to convictions for serious criminal offences and sentences of imprisonment of 12 months or more. The dispute concerned whether there was "another reason" to revoke this mandatory cancellation.

The court was required to determine whether the applicant's conduct to date was so serious, and the risk to the Australian community so significant, that it outweighed any mitigating factors presented by the applicant. This involved considering the principles outlined in Ministerial Direction No. 79, specifically Primary Consideration A concerning the protection of the Australian community from harm. The court had to assess the nature and seriousness of the applicant's conduct and the risk of future offending.

The court reasoned that the applicant conceded committing serious crimes as an adult and failing the character test. The respondent highlighted the high number, seriousness, repetitiveness, and cumulative effect of the applicant's offences, including continued offending despite prior notice. The court found the applicant's criminal and traffic history to be objectively serious, noting a remarkable consistency in their failure to desist from drink-driving. Despite the applicant's submissions regarding personal difficulties and a desire for a positive lifestyle, the court concluded that the seriousness of the conduct weighed heavily against revocation.

Consequently, the court found it could not exercise the discretion to revoke the cancellation of the applicant's visa. The decision under review was affirmed.