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

This matter concerned an application to the Administrative Appeals Tribunal (the Tribunal) for review of a decision by the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant, Mr. Savaiinaea, sought the revocation of the mandatory cancellation of his Class TY Subclass 444 Special Category (Temporary) visa, which had been cancelled due to his failure to pass the character test.

The Tribunal was required to determine whether there was "another reason" to revoke the mandatory cancellation decision, considering the principles outlined in Ministerial Direction No. 79. This involved assessing the primary considerations, specifically the protection of the Australian community from harm, and the risk of further offending or serious conduct by the applicant. The Tribunal was directed to have regard to the nature and seriousness of the applicant's conduct to date and the risk to the community if he were to commit further offences.

In its reasoning, the Tribunal acknowledged that remaining in Australia is a privilege for non-citizens and that this privilege should not be abused by breaking laws or disrespecting institutions. The Tribunal considered the applicant's criminal history, as evidenced by various reports and court documents, to assess the seriousness of his conduct and the risk he posed to the community. However, the Tribunal ultimately concluded that it could not exercise the discretion to revoke the cancellation of the applicant's visa.

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