Symonds and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by Mr Symonds to revoke the mandatory cancellation of his visa, which had been cancelled on character grounds. The dispute before the Tribunal was whether the mandatory cancellation of Mr Symonds' visa should be revoked, having regard to the relevant considerations outlined in the Ministerial Direction.

The Tribunal was required to determine whether to revoke the mandatory cancellation of Mr Symonds' visa under section 501CA of the Migration Act. This involved considering the primary considerations set out in clause 13(2) of the Ministerial Direction, namely the protection of the Australian community from criminal or other serious conduct, the best interests of minor children in Australia, and the expectations of the Australian community. The Tribunal also had to consider other considerations, which were to be given less weight.

The Tribunal reasoned that while Mr Symonds suffered from mental incapacity due to drug and alcohol use, this did not excuse his criminal behaviour, which had continued for over 10 years and involved a disturbing escalation of violence and harm to victims. The Tribunal found that Mr Symonds' conduct posed an unacceptable risk of harm to the Australian community due to a significantly high risk of recidivism. Furthermore, the Tribunal found that the Australian community would not expect Mr Symonds to hold a visa, and that his ties to Australia were tenuous. Any impediments to his relocation to New Zealand were not significantly different to those he would face if moving elsewhere in Australia. Consequently, the Tribunal found that the primary considerations outweighed any other considerations favouring revocation.

The Tribunal affirmed the decision made by a delegate of the Minister not to revoke the original decision cancelling Mr Symonds' visa.