Rana and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant, a 37-year-old Pakistani citizen, had his visa cancelled under section 501(3A) of the Migration Act 1958 (Cth) after being convicted of an offence involving family violence, for which he received a sentence of three years and three months imprisonment. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant passed the character test and, if not, whether there was another reason to revoke the cancellation decision.

The Tribunal was required to consider various factors outlined in Direction No 99, including the protection of the Australian community, the nature and seriousness of the offending, the risk to the community, the family violence committed, the applicant's ties to Australia, the best interests of any children, community expectations, and impediments to removal. The applicant argued that his removal would have a significant impact on his children, brother, former partner, and wider community network in Australia, and that his ties to Australia, established over 14 years of study and work, weighed in favour of revocation.

The Tribunal found that the applicant's offending, which involved serious family violence, weighed heavily against revocation. While acknowledging the applicant's ties to Australia, including his children who are Australian citizens, the Tribunal determined that these ties did not outweigh the considerations favouring the non-revocation of the visa cancellation. The Tribunal concluded that the correct and preferable decision was to affirm the delegate's decision not to revoke the cancellation.