Stretch and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for review of a delegate's decision not to revoke the mandatory cancellation of the applicant's, Mr George Stretch, Subclass 444 Special Category (Temporary) visa. The visa had been cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) on character grounds, specifically because the applicant had a substantial criminal record, having been sentenced to a term of imprisonment of 12 months or more. The applicant sought review of the delegate's subsequent decision under s 501CA(4) of the Act to refuse to revoke this cancellation.

The primary legal issue before the Tribunal was whether there was "another reason" why the original decision to cancel the applicant's visa should be revoked, as contemplated by s 501CA(4)(b)(ii) of the Act. This required the Tribunal to consider various factors, including the protection of the Australian community from criminal or other serious conduct and the expectations of the Australian community, in determining whether to revoke the mandatory cancellation.

The Tribunal considered the applicant's criminal history, which included convictions for common assault in New Zealand and aggravated assault and recklessly endangering serious harm in Australia. The latter offence involved the applicant driving his vehicle towards five people, injuring two of them, shortly after being on a suspended sentence for a previous offence. The Tribunal found that the primary considerations of protecting the Australian community from criminal conduct and the expectations of the Australian community did not support the revocation of the visa cancellation. These considerations, which weighed against revocation, were not outweighed by any considerations favouring revocation.

Consequently, the Tribunal was not satisfied that there was any reason why the original decision to cancel the applicant's visa should be revoked. The Tribunal affirmed the delegate's decision under review.