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

This matter concerned an appeal by Mr Tapara against the mandatory cancellation of his visa, which had been imposed due to his substantial criminal record. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the respondent. The Administrative Appeals Tribunal was required to determine whether the discretion to revoke the mandatory cancellation should be exercised.

The Tribunal was tasked with considering the primary and other considerations relevant to the exercise of discretion, as outlined in the Direction. These principles included Australia's sovereign right to determine who may remain in the country, the expectation that non-citizens will be law-abiding, and the community's expectation that serious offenders will generally be denied the privilege of remaining in Australia. The Tribunal was also to consider the length of time a non-citizen has resided in Australia and their contributions to the community, as well as the consequences of visa cancellation for minor children and other immediate family members.

In its reasoning, the Tribunal acknowledged that Mr Tapara had resided in Australia for 41 years, having arrived at the age of 17, which suggested a higher level of tolerance might be afforded to his criminal conduct. The Tribunal also noted his 27-year work history as a positive contribution to the Australian community, and his reliance on his immediate family in Australia, including a minor nephew and the minor children of a close friend, as factors to be weighed in the decision. The Tribunal's previous consideration of the matter had been remitted for further consideration of the best interests of two children.

The Tribunal affirmed the decision to cancel Mr Tapara's visa.