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

The applicant, a Fijian citizen who arrived in Australia in 1995 at the age of four, sought review of a decision to cancel his visa due to his failure to pass the character test. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the respondent. The matter was heard by the Hon. Dennis Cowdroy AO KC, Deputy President.

The primary legal issue before the Tribunal was whether there was another reason why the applicant's visa cancellation should be revoked, considering Ministerial Direction No. 99. This required an assessment of various factors, including the nature and seriousness of the applicant's offending conduct, the risk of reoffending, the protection of the Australian community, the best interests of any minor children, community expectations, the strength and duration of ties to Australia, and impediments to removal.

The Tribunal considered the applicant's extensive criminal history, which included offences of increasing seriousness, some involving violence and domestic violence contexts. It also had regard to evidence concerning the applicant's mental health issues, including a diagnosis of psychosis, and his history of substance abuse. The Tribunal noted that while the applicant's conduct was serious, there was evidence of his engagement with rehabilitation programs and satisfactory supervision in the past. The Tribunal also considered the impact of removal on the applicant, particularly regarding the availability of adequate medical treatment in Fiji for his mental health condition.

The Tribunal set aside the decision to cancel the applicant's visa.