RAHARUHI TE HUIA and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application by Raharuhi Te Huia (the Applicant) for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) to refuse to revoke the mandatory cancellation of his Subclass 444 Special Category (Temporary) Visa. The Applicant did not pass the character test due to a "substantial criminal history." The case was heard by R Maguire M.

The primary legal issue before the court was whether there was "another reason" to revoke the mandatory cancellation of the Applicant's visa, considering the provisions of Ministerial Direction No 90. This involved assessing the seriousness of the Applicant's conduct, the risk to the Australian community, and other relevant personal circumstances.

The court considered the Applicant's submissions, including his long-term residence in Australia, family ties, employment, and his relationship with his three young children. It also noted the Applicant's claims of undergoing rehabilitation and seeing mental health professionals. However, the court's reasoning focused on the nature and seriousness of the Applicant's conduct, particularly referencing "independent and authoritative evidence of repeat strangulation incidents" and a "singular domestic violence offence." The court applied the principles outlined in Ministerial Direction No 90, which prioritises the protection of the Australian community from harm.

Ultimately, the Tribunal found that it could not exercise the discretion to revoke the cancellation of the Applicant's visa. The reviewable decision of the Respondent, dated 14 December 2021, was affirmed.