Seddon and Minister for Home Affairs (Migration)

This matter concerned an application by Mr Seddon, a New Zealand citizen who had resided in Australia since childhood, to review the mandatory cancellation of his visa on character grounds. Mr Seddon’s visa was cancelled in November 2018 while he was serving a prison sentence, and a subsequent request for revocation was refused in August 2019. The Tribunal was required to determine if there was "another reason" why the visa cancellation should be revoked, as contemplated by section 501CA(4)(b)(ii) of the Migration Act 1958 (Cth).

The legal issues before the Tribunal were whether Mr Seddon had established a reason, beyond simply passing the character test, that carried sufficient weight to warrant the revocation of the visa cancellation. This involved assessing the nature and seriousness of his criminal offending, including violent offences, and considering various personal circumstances. The Tribunal was guided by the principles established in *Viane*, which require a reason of sufficient weight to enliven the statutory power to revoke.

In its reasoning, the Tribunal considered a range of factors, including the seriousness of Mr Seddon's criminal history, which encompassed violent offences, domestic violence, and repeated offending. It also weighed the best interests of his four young children, his ties to Australia, and the impediments to his removal. However, the Tribunal found that the primary considerations of protecting the Australian community and community expectations weighed very strongly against revocation. These considerations, when balanced against the factors favouring revocation, did not provide "another reason" of sufficient significance to justify overturning the original decision.

Consequently, the Tribunal affirmed the decision under review, meaning the cancellation of Mr Seddon's visa was upheld.