Taylor and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

The case concerned an application by the applicant, a citizen of the United Kingdom who had resided in Australia since infancy, to revoke the mandatory cancellation of his visa. The cancellation was based on the applicant failing to pass the character test due to a substantial criminal record, including a conviction for aggravated burglary for which he received a sentence of imprisonment exceeding 12 months. The Minister for Immigration, Citizenship and Multicultural Affairs opposed the revocation. The matter came before Deputy President Boyle of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant passed the character test, and if not, whether there was "another reason" why the decision to cancel his visa should be revoked, as provided for under section 501CA(4)(b) of the Migration Act 1958 (Cth). The Tribunal was required to consider the applicant's criminal history, his personal circumstances, and the considerations outlined in Ministerial Direction 90, which governs decisions regarding visa refusal and cancellation.

The Tribunal found that the applicant did not pass the character test, as he had a substantial criminal record by virtue of being sentenced to terms of imprisonment totalling more than 12 months. Consequently, the applicant could not rely on the provision that revocation is permissible if the person passes the character test. The Tribunal then considered whether there was "another reason" to revoke the cancellation. Applying the principles in Ministerial Direction 90, the Tribunal noted that while the applicant had lived in Australia for most of his life, his criminal conduct, including aggravated burglary, was serious. The Tribunal also considered the potential impact on victims of family violence, although the specific facts relating to this were not detailed in the provided text. Ultimately, the Tribunal concluded that there was not another reason to revoke the cancellation of the applicant's visa.