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

The Administrative Appeals Tribunal considered the case of Mr Saruhanyan and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the mandatory cancellation of Mr Saruhanyan's visa due to his failure to pass the character test, specifically due to a substantial criminal record and drug addiction. Mr Saruhanyan sought review of the Minister's decision not to revoke this cancellation.

The legal issues before the Tribunal were whether there was "another reason" to revoke the mandatory cancellation of Mr Saruhanyan's visa, and how Ministerial Direction No. 90 should be applied in weighing the various considerations. This involved assessing the seriousness of Mr Saruhanyan's conduct, the risk to the Australian community, and the best interests of his child, among other factors.

The Tribunal applied Ministerial Direction No. 90, which requires decision-makers to consider the protection of the Australian community and the expectation that non-citizens will be law-abiding. The Tribunal found that Mr Saruhanyan's extensive and serious criminal history, including multiple convictions for burglary, theft, and a home invasion described as a "serious example," along with his drug addiction and reoffending after warnings, weighed heavily against revocation. While acknowledging the best interests of Mr Saruhanyan's child as a primary consideration, the Tribunal concluded that this, along with other countervailing factors, did not outweigh the significant considerations of community protection and the expectation of lawful conduct.

Consequently, the Tribunal affirmed the decision not to revoke the mandatory cancellation of Mr Saruhanyan's visa.