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

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs not to revoke the mandatory cancellation of the applicant's visa. The applicant, a citizen of the Philippines, had his visa cancelled under section 501(3A) of the Migration Act 1958 due to having a substantial criminal record and serving a sentence of imprisonment. The applicant sought revocation of this cancellation decision, and the delegate affirmed the original decision. The case was heard by the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether it had jurisdiction to hear the application, given that it was lodged before the applicant was properly notified of the delegate's decision, and whether there was "another reason" why the mandatory cancellation of the visa should be revoked under section 501CA(4)(b)(ii) of the Act. In determining the latter, the Tribunal was required to consider the considerations outlined in Ministerial Direction No. 79, including the protection of the Australian community, the best interests of minor children, and the expectations of the Australian community.

The Tribunal found that it did have jurisdiction, as both parties agreed that the applicant was validly notified of the decision on 8 August 2019, and the application was lodged within the prescribed timeframe thereafter. In relation to the revocation of the visa cancellation, the Tribunal considered the primary considerations under Direction No. 79. It noted the applicant's submissions regarding a low risk of reoffending and the respondent's contention that the applicant's offending was serious and weighed heavily against revocation. The Tribunal also had regard to the specific factors outlined in Direction No. 79 when assessing the nature and seriousness of the applicant's criminal conduct, including the type of offences, the sentences imposed, and any pattern of offending.

The Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of the applicant's visa.