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

The applicant, Raumakita, sought to have the mandatory cancellation of his Class BF Transitional (Permanent) visa revoked. The cancellation was based on his failure to pass the character test due to a substantial criminal record, specifically a sentence of imprisonment of 12 months or more. The delegate of the Minister had previously decided not to revoke the cancellation. The matter came before Senior Member A Poljak for review.

The central legal issue before the Tribunal was whether there was "another reason" why the visa cancellation should be revoked under subsection 501CA(4)(b)(ii) of the Migration Act 1958 (Cth). This required an assessment and evaluation of factors for and against revoking the mandatory cancellation, in accordance with Ministerial Direction No. 99. The Tribunal was specifically directed to consider the strength, nature, and duration of the applicant's ties to Australia, including the impact on his family members, particularly his children who were Australian citizens.

The Tribunal considered the applicant's extensive ties to Australia, having arrived as a young child in 1988 and residing there for the majority of his life, including his formative years. He had established a family with five children and had an extended family in Australia. The applicant had also worked consistently and made positive contributions to the Australian community through employment, football, and church volunteering, supported by numerous letters of support. While these factors weighed heavily in favour of revoking the cancellation, particularly concerning the best interests of his minor children, the Tribunal ultimately affirmed the decision not to revoke the cancellation. The specific reasoning for this affirmation is not detailed in the provided text, beyond stating that the considerations weighed heavily against revocation.