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

This matter concerned an appeal by Mr Strachan against the cancellation of his Class BB Return Residence Subclass 155 visa by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. Mr Strachan, a citizen of the United Kingdom, had failed the character test due to downloading child abuse material. The primary question before the Tribunal was whether the discretion to cancel his visa should be exercised, considering Ministerial Direction No. 79.

The legal issues before the Tribunal were to assess the protection of the Australian community from criminal conduct, the nature and seriousness of Mr Strachan's offending, the risk of re-offending, the expectations of the Australian community, the strength and duration of his ties to Australia, and the impediments he might face if removed from Australia. The Tribunal was required to apply the considerations outlined in Ministerial Direction No. 79 in determining whether to affirm the visa cancellation.

The Tribunal reasoned that Mr Strachan's conduct, involving the downloading of child abuse material, was extremely serious and weighed heavily in favour of cancelling his visa. It noted that such offences involve the sexual abuse of minors and are considered particularly serious by the Australian community. Despite Mr Strachan's long residence in Australia since 1965, his age, health issues, and the fact that his spouse held a temporary visa and he was her sponsor, the gravity of his offending was deemed to outweigh these factors. The Tribunal found that the expectation of the Australian community, as articulated in the Direction and case law, is that non-citizens will obey Australian laws, and serious breaches can lead to visa cancellation. The Tribunal affirmed the decision to cancel Mr Strachan's visa.