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

This matter concerned an application by the Applicant to the Administrative Appeals Tribunal (the Tribunal) to review a decision by the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs not to revoke the mandatory cancellation of the Applicant's Class TY Subclass 444 Special Category (Temporary) visa. The Applicant did not pass the character test, which triggered the mandatory cancellation of her visa. The central dispute was whether there was "another reason" to revoke this cancellation.

The Tribunal was required to determine whether, in light of Ministerial Direction No. 90, there was another reason to revoke the mandatory cancellation of the Applicant's visa. This involved considering the four primary considerations outlined in the Direction, with a particular focus on the first primary consideration: the protection of the Australian community from criminal or other serious conduct. The Tribunal had to assess the nature and seriousness of the Applicant's conduct to date and the risk to the Australian community should she commit further offences or engage in other serious conduct.

In its reasoning, the Tribunal acknowledged the Applicant's self-representation and the quality of her submissions. It then proceeded to address the primary considerations under Ministerial Direction No. 90. The Tribunal's decision affirmed the delegate's decision not to revoke the mandatory cancellation. The Tribunal found that the Applicant's criminal offending history, as evidenced by various documents including court records, sentencing remarks, and departmental reports, weighed against revocation. The Tribunal's analysis focused on the government's commitment to protecting the Australian community and the expectation that non-citizens are law-abiding.

Consequently, the Tribunal affirmed the decision made by the delegate of the Respondent dated 23 March 2021 not to revoke the mandatory cancellation of the Applicant’s Class TY Subclass 444 Special Category (Temporary) visa.