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

This matter concerned an application by Mr Tangitutu to review the cancellation of his Class TY Subclass 444 Special Category (Temporary) visa by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The cancellation was based on Mr Tangitutu not meeting the character test. The Administrative Appeals Tribunal was required to determine whether there was another reason to revoke this cancellation.

The Tribunal was tasked with considering the primary considerations outlined in Ministerial Direction No. 90, specifically the protection of the Australian community. This involved assessing the nature and seriousness of Mr Tangitutu’s past conduct and the risk to the community should he reoffend. The Tribunal also had to consider the best interests of Mr Tangitutu's four children under 18 years of age.

In its reasoning, the Tribunal noted that Mr Tangitutu had convictions for malicious wounding and grievous bodily harm, which are considered serious violent crimes. However, the Tribunal gave significant weight to the evidence regarding an alleged incident of family violence. The Tribunal accepted the direct account of the alleged victim, who stated that while an argument occurred, Mr Tangitutu was not violent and no visible injuries were sustained. The Tribunal found that this, in conjunction with the best interests of the children, constituted another reason to revoke the visa cancellation.

Consequently, the Tribunal set aside the decision under review and substituted it with a decision to revoke the cancellation of Mr Tangitutu’s visa.