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

This matter concerned an application by the Applicant, Mr Rewiri, to set aside the mandatory cancellation of his Class TY Subclass 444 Special Category (Temporary) visa. The cancellation was based on the Applicant failing to pass the character test due to serious violent and drug-related offending, including a sentence of 40 months imprisonment. The Applicant argued that there was another reason why the visa cancellation should be revoked, presenting factors such as the best interests of his minor child, impediments to his removal, and his ties to Australia. The Minister submitted that the protection and expectations of the Australian community weighed strongly against revocation. The case was heard by Kira Raif SM.

The primary legal issue before the Tribunal was whether there was "another reason" why the Applicant's visa cancellation should be revoked, as contemplated by the Migration Act 1958 (Cth). This required the Tribunal to consider and balance various factors, including the protection of the Australian community, the nature and seriousness of the Applicant's conduct, the risk of reoffending, the strength and duration of the Applicant's ties to Australia, the best interests of any minor children, and the expectations of the Australian community. The Tribunal was required to apply Direction 99 in its assessment of these considerations.

The Tribunal considered the Applicant's explanations for his past offending, noting that he appeared to blame others or circumstances for his actions and displayed limited insight into his own conduct. Despite the Applicant's submissions regarding his daughter and ties to Australia, the Tribunal found that the Applicant's substantial criminal record and the seriousness of his offending, particularly the custodial sentence imposed, weighed heavily against revocation. The Tribunal concluded that the factors favouring revocation did not outweigh those against it, particularly in light of the primary consideration of protecting the Australian community.

The Tribunal set aside the original decision to cancel the Applicant's visa and substituted a new decision to revoke the cancellation.