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

The applicant, RJFB, sought to have his visa cancellation revoked. The dispute concerned whether the cancellation decision should be affirmed or set aside, with the applicant arguing that his removal from Australia would have severe consequences for his mental health and that of his mother, and that he posed a low risk of reoffending. The matter was before Damien O’Donovan SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant had substantial grounds to warrant the revocation of the visa cancellation decision, particularly in light of the Direction 90 (Protection of the Australian Community) and Australia's international law obligations. This involved assessing the seriousness of the applicant's past offending, the risk he posed to the Australian community, and any other relevant considerations, including the potential impact of removal on his well-being and that of his mother.

The Tribunal considered expert evidence from a forensic psychologist, Dr Jacqui Yoxall, who assessed the applicant's risk of reoffending. Dr Yoxall concluded that the applicant had a history of substance abuse, PTSD, and Adjustment Disorder, but that his risk of reoffending would be substantially reduced if his substance misuse was managed and he received treatment. The Tribunal acknowledged the extreme seriousness of the applicant's rape convictions, noting that sexual crimes against women are viewed very seriously. However, it also noted that there was no trend of increasing seriousness in his offending and that his crimes occurred soon after his arrival in Australia, with no entrenched criminality emerging. The Tribunal found that while the applicant's mental health concerns and his mother's health were relevant considerations, they did not outweigh the primary consideration of protecting the Australian community. The Tribunal was not satisfied that removing the applicant would breach Australia's international law obligations.

Consequently, the Tribunal affirmed the Delegate's decision not to revoke the visa cancellation made under s 501(3A) of the Migration Act 1958.