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

This matter concerned an application by Mr Taofi, a citizen of Tonga, for the revocation of the mandatory cancellation of his visa. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had cancelled Mr Taofi's visa under section 501(3A) of the *Migration Act 1958* (Cth) due to his substantial criminal record. Mr Taofi sought to have this cancellation revoked under section 501CA(4) of the Act, arguing there was 'another reason' why the decision should be revoked. The Administrative Appeals Tribunal was required to determine whether such a reason existed.

The Tribunal was tasked with considering whether Mr Taofi passed the character test or if there was another reason to revoke the mandatory visa cancellation. This involved an assessment of the material before the Tribunal, including documentary evidence such as the "G" documents, a letter from a prospective employer, and a certificate of completion for a Brief Intervention Service program. The Tribunal also had to consider the provisions of Direction No. 99, which guides decision-makers on the primary and other considerations relevant to visa refusal, cancellation, and revocation.

In its reasoning, the Tribunal referred to the principles outlined in Direction 99, particularly regarding Australia's sovereign right to determine who may remain in the country and the expectation that non-citizens will be law-abiding. It noted that while Australia generally affords a higher tolerance for criminal conduct by non-citizens who have lived in the community for a significant period, certain conduct, such as family violence, is considered so serious that even strong countervailing considerations may be insufficient to justify revocation. The Tribunal also considered the "other considerations" listed in Direction 99, including legal consequences of the decision and impediments to re-establishment in the home country, finding that no non-refoulement obligations arose in Mr Taofi's favour and that the evidence did not establish significant impediments to his return to Tonga.

Ultimately, the Tribunal affirmed the mandatory cancellation of Mr Taofi's visa. It found that the crimes of a violent nature, including family violence, committed by Mr Taofi were serious and that the countervailing considerations, such as his participation in a program and a potential job offer, were not sufficient to outweigh the seriousness of his conduct and the need to protect the Australian community. The Tribunal concluded that there was no 'another reason' to revoke the mandatory cancellation decision.