Rawiri-Pukeroa and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to revoke the mandatory cancellation of the applicant's Class TY Subclass 444 Special Category Visa. The visa cancellation was based on the applicant failing to pass the character test. The applicant sought review of the delegate's decision in the General Division of the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine the appropriate weight to be given to both primary and other considerations when assessing the applicant's character, particularly in light of his criminal offending. This involved considering the nature and seriousness of the applicant's past conduct, the frequency and cumulative effect of his offending, and the risk of future harm to the Australian community. The Tribunal also had to consider the Full Federal Court's decision in *Khalil v Minister for Home Affairs* regarding the distinction between a decision and the reasons for that decision.

The Tribunal applied the principles outlined in Ministerial Direction 99 (formerly Direction 65), which requires an evaluation of the weight to be given to "other considerations," including non-refoulement obligations. While primary considerations are generally given greater weight, the direction does not mandate that other considerations are always secondary. The Tribunal noted that the applicant had committed 17 offences over eight years, with an upward trend in seriousness, which was described as frequent and having a deleterious impact on the community. The assessment of risk involved considering the nature of potential harm, the likelihood of reoffending, and evidence of rehabilitation. The Tribunal also referenced *Khalil* to confirm that its obligation within a specified timeframe was to deliver a decision, not necessarily to provide reasons at that exact moment.