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

The applicant, Mr. Ryan, sought judicial review of the Minister for Immigration, Citizenship and Multicultural Affairs' decision to affirm the mandatory cancellation of his Transitional (Permanent) (Class BF) visa. The dispute arose because Mr. Ryan did not pass the character test due to his extensive criminal history. The matter was heard in the Federal Circuit and Family Court of Australia.

The court was required to determine whether there was "another reason" to revoke the mandatory cancellation of Mr. Ryan's visa, considering Ministerial Direction No. 90. This involved assessing the nature and seriousness of Mr. Ryan's conduct, the risk to the Australian community, and any evidence of rehabilitation.

The court reasoned that Mr. Ryan's criminal history, spanning 14 years, demonstrated a pattern of frequent and escalating offending, including serious violent crimes and weapons offences. Despite undertaking some rehabilitation programs, the court found there was little evidence of achieved rehabilitation, particularly concerning his admitted alcohol and methamphetamine abuse, which were significant factors in his offending. Furthermore, Mr. Ryan had re-offended after being formally warned about the migration consequences of further criminal conduct. Applying Ministerial Direction No. 90, the court found that the primary consideration of protecting the Australian community outweighed other considerations, and there was no other reason to revoke the mandatory cancellation.

The court affirmed the decision to refuse to revoke the mandatory cancellation of the applicant's visa.