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

This matter concerned an application by Mr Rangi Lee Joseph Smith for a review of the delegate's decision to refuse to revoke the cancellation of his visa, which had been cancelled under section 501(3A) of the *Migration Act 1958* (Cth). The cancellation was initially made due to Mr Smith having a substantial criminal record and serving a sentence of imprisonment. However, subsequent legislative amendments, enacted in response to a Full Federal Court decision, retrospectively validated the cancellation decision.

The court was required to determine whether there was "another reason" for the cancellation decision to be revoked, considering the criteria outlined in Direction 99. This involved weighing various factors, including Mr Smith's criminal history, particularly his convictions for family violence, his personal circumstances, his ties to Australia, and the best interests of his minor children, who are of Aboriginal Australian heritage. The court also had to consider the community's expectations regarding serious criminal conduct.

In its reasoning, the court acknowledged Mr Smith's difficult upbringing, his efforts to work and volunteer, and his insight into substance misuse. It also recognised the significant weight to be given to his long residence in Australia and the best interests of his Aboriginal Australian children. However, the court found that Mr Smith's family violence offences, including an assault on his former partner while pregnant and a subsequent breach of an apprehended violence order shortly after his release on parole, were extremely serious. The court concluded that these factors, coupled with a substantial risk of reoffending and community expectations, weighed heavily against revoking the visa cancellation.

Ultimately, the court affirmed the delegate's decision under review, finding that the serious nature of Mr Smith's offending and the associated risks outweighed the factors favouring his continued presence in Australia.