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

This matter concerned an application by Mr Tagaloa for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs not to revoke the mandatory cancellation of his Class BS Subclass 801 Spouse visa. The cancellation was based on Mr Tagaloa failing to pass the character test. The Administrative Appeals Tribunal was required to determine whether there was "another reason" to revoke this mandatory cancellation.

The Tribunal was tasked with considering and applying Ministerial Direction No. 90, which outlines the framework for assessing whether to revoke a mandatory visa cancellation. Specifically, the Tribunal had to assess the four Primary Considerations set out in the Direction, with a particular focus on the first Primary Consideration: the protection of the Australian community from criminal or other serious conduct. This involved evaluating the nature and seriousness of Mr Tagaloa's conduct to date and the risk to the Australian community should he commit further offences.

In its reasoning, the Tribunal examined Mr Tagaloa's extensive criminal history, which commenced in November 2008 and spanned almost 12 years, with his last convictions recorded in May 2020. This history involved 14 separate sentencing appearances for nearly 50 offences, 19 of which carried a sentence of imprisonment. The Tribunal found that, given the nature and duration of this offending, it could not exercise the discretion to revoke the mandatory cancellation of Mr Tagaloa's visa. Consequently, the Tribunal affirmed the delegate's decision not to revoke the cancellation.