RLXN and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

The matter concerned RLXN, a citizen of the Lebanese Republic, whose partner visa was mandatorily cancelled due to a substantial criminal record and imprisonment. RLXN made representations to the Minister's delegate to revoke the cancellation, which were refused. The Administrative Appeals Tribunal affirmed the delegate's decision. RLXN sought judicial review of the Tribunal's decision, with both parties accepting that the decision was affected by jurisdictional error. The Federal Circuit and Family Court of Australia made a consent order remitting the matter to the Tribunal for redetermination.

The Tribunal was required to consider the application of a new ministerial direction, focusing on primary considerations including the seriousness of the offending conduct and whether family violence was involved. It also had to assess other considerations, such as the strength, nature, and duration of RLXN's ties to Australia, and the best interests of any minor children affected by the decision. The Tribunal needed to determine the weight to be given to these factors in deciding whether to revoke the mandatory visa cancellation.

In its reasoning, the Tribunal found that RLXN's offending conduct, including conduct amounting to family violence despite no convictions and the influence of illicit drugs, weighed moderately against revocation. However, it gave significant weight in favour of revocation to RLXN's substantial ties to Australia, including his Australian citizen wife, extended family, employment history, and positive community contributions. Crucially, the Tribunal found that the best interests of RLXN's two minor Australian citizen daughters weighed heavily in favour of revocation, noting his desire to maintain a parental role and the negative impact of his absence on their childhood.

The Tribunal substituted a new decision, revoking the mandatory cancellation of RLXN's visa.