Soueid and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by Mr Soueid to the Administrative Appeals Tribunal (AAT) challenging the mandatory cancellation of his visa by the Minister for Immigration and Border Protection. The cancellation was based on Mr Soueid failing to pass the character test due to his conviction for armed robbery and assault in company, for which he received a two-year prison sentence. The central dispute was whether the AAT should exercise its discretion under section 501CA of the Migration Act 1958 (Cth) to revoke this mandatory cancellation.

The AAT was required to determine whether the mandatory cancellation of Mr Soueid's visa should be revoked. This involved weighing various considerations, including the protection of the Australian community, the likelihood of reoffending, the expectations of the Australian community, the impact on family members, and the best interests of any child. The Tribunal also considered other factors such as the strength and duration of the applicant's ties to Australia, the impact on victims, and the extent of impediments if removed.

In reaching its decision, the Tribunal noted the seriousness of the offending conduct, which involved an assault and robbery with a weapon. However, it also took into account that this was a singular serious offence, with only a minor traffic infringement for driving without a licence recorded otherwise. Crucially, the Tribunal was heartened by Mr Soueid's conduct during his incarceration, where he was described as a model prisoner, and the fact that he committed no further offences in the two-year period between the commission of the offence and his imprisonment. The Tribunal also considered expert evidence suggesting a low risk of reoffending, which would be further reduced with treatment.

The Tribunal ultimately decided to set aside the delegate's decision to cancel Mr Soueid's visa. In substitution, the Tribunal revoked the decision to cancel the visa, allowing Mr Soueid to remain in Australia.