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

This matter concerned an application for review of a delegate of the Minister's decision not to revoke a mandatory visa cancellation. The applicant, who appeared unrepresented, sought to have the cancellation decision revoked. The Minister was represented by counsel. The Tribunal was required to determine whether the applicant passed the character test and, if not, whether there was another reason to revoke the cancellation decision.

The Tribunal was required to consider various factors under Direction No 99, including the protection of the Australian community, the nature and seriousness of the applicant's criminal offending, the risk of future offending, family violence, the strength, nature, and duration of the applicant's ties to Australia, the best interests of minor children, community expectations, and impediments to return to Canada. The Tribunal noted that the applicant had engaged in serious family violence offending, which weighed heavily against revocation. However, it also considered the applicant's strong ties to Australia, including his residence since infancy, his five children and five stepchildren (three of whom are minors), and the presence of his stepmother, sister, and brother in Australia.

The Tribunal found that the applicant had resided in Australia since he was approximately three years old, departing at age 15 and returning at age 30. While his first recorded offence, shoplifting in 2001, occurred shortly after his return, the Tribunal considered it a relatively minor offence. The Tribunal concluded that the applicant's family ties to Australia were strong, with significant connections through his children and extended family. Ultimately, the Tribunal decided that the correct and preferable decision was to set aside the delegate's decision and substitute it with a decision to revoke the visa cancellation.