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

This matter concerned an application for review by the Applicant of a decision not to revoke the mandatory cancellation of his visa. The Applicant's visa was cancelled on 18 July 2016 because he had a substantial criminal record, having been sentenced to a term of imprisonment of 12 months or more, and was serving a full-time custodial sentence. Following the initial cancellation, the Applicant made representations for revocation, but a decision was made not to revoke the visa. This decision was subsequently set aside by the Federal Court due to jurisdictional error. A further decision was made on 23 August 2020 not to revoke the visa cancellation, leading to the present application for review before the Tribunal.

The Tribunal was required to determine whether it was satisfied that the Applicant passed the character test or if there was another reason why the visa cancellation decision should be revoked. In conducting this review, the Tribunal was to perform the same function and exercise the same power as the primary decision-maker. The Tribunal was bound to consider the relevant considerations set out in Direction 79, which categorises these into primary and other considerations. Primary considerations, such as the protection of the Australian community from criminal or other serious conduct, are generally given more weight than other considerations.

In its reasoning, the Tribunal considered the Applicant's criminal history, which it characterised as very serious, noting that his record of offending was described as "disgraceful" in 2008 and had become even more troubling since then. The Tribunal specifically noted a conviction in the County Court of Victoria in 2008 for intentionally causing serious injury, for which the Applicant was sentenced to three years imprisonment. Applying the principles of Direction 79, the Tribunal concluded that it was not satisfied that there was another reason why the decision to cancel the Applicant's visa should be revoked.

The Tribunal ordered that the application for review be dismissed and the decision not to revoke the visa cancellation be affirmed.