SZSS and Minister for Home Affairs (Migration)

This matter concerned an application by SZSS, a New Zealand citizen who had resided in Australia since the age of nine, to have the cancellation of his visa revoked. The dispute arose from the Minister's decision not to revoke the cancellation, a decision that SZSS sought to challenge. The case was heard by K Parker M.

The primary legal issue before the Tribunal was whether to affirm the Minister's decision to refuse to revoke the cancellation of SZSS's visa. This required the Tribunal to consider various factors, including SZSS's personal circumstances, his criminal and drug-related offending history, his rehabilitation efforts, and the best interests of any minor children affected by the decision. Specifically, the Tribunal had to assess the risk of SZSS relapsing into drug use and re-offending, and the impact of his potential removal from Australia on his relationship with his eldest son and his desire to establish a relationship with his youngest son.

The Tribunal's reasoning focused on the assessment of risk and the best interests of children. Despite SZSS's claims of rehabilitation and his expressed desire to be a positive role model for his children, the Tribunal found a medium-level risk of relapse and re-offending. This risk, coupled with the fact that SZSS's adoptive father and sisters were unwilling to provide evidence in support of his application due to past harm caused by SZSS, weighed against revoking the visa cancellation. While acknowledging SZSS's stated close relationship with his eldest son and his wish to form a relationship with his youngest son, the Tribunal concluded that these factors were not sufficient to outweigh the identified risks.

Consequently, the Tribunal affirmed the decision of the Minister not to revoke the cancellation of SZSS's visa. This means that the cancellation of SZSS's visa stands, subject to any appeal rights SZSS may have.