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

This matter concerned an application for review of a mandatory visa cancellation decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, in relation to the applicant, SNPS. The applicant, a New Zealand citizen, had his visa cancelled due to having a substantial criminal record, including convictions for aggravated robbery and inflicting grievous bodily harm. The review was heard by Linda Kirk SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether there was "another reason" why the mandatory visa cancellation decision should be revoked. This involved considering the primary considerations outlined in Direction No. 79, specifically the protection of the Australian community, and assessing the nature and seriousness of the applicant's conduct to date, as well as the risk to the community should further offences be committed. The Tribunal also had to consider other factors, including the applicant's ties to Australia and any impediments to his return.

In its reasoning, the Tribunal applied the principles set out in Direction No. 79. It noted that the applicant had an extensive criminal history, including violent offences and drug misuse, and that crimes of a violent nature are viewed very seriously. The Tribunal found that the applicant's ties to Australia were given limited weight, and that the expectation of the Australian community was that non-citizens would be law-abiding. The Tribunal also considered the applicant's limited evidence regarding the impact of his removal on any minor children.

Ultimately, the Tribunal affirmed the mandatory visa cancellation decision. The applicant could not establish that there was "another reason" to revoke the decision, as the primary considerations, particularly the protection of the Australian community, weighed against revocation.