Te Whaiti and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by the applicant, Te Whaiti, for the revocation of a mandatory visa cancellation made on character grounds. The respondent was the Minister for Immigration and Border Protection. The decision was made by Mrs J C Kelly, Senior Member, of the Tribunal.

The Tribunal was required to determine whether the discretion to revoke the visa cancellation should be exercised, considering the protection and expectations of the Australian community, the best interests of any minor children in Australia, and the strength, nature, and duration of the applicant's ties to Australia. The applicant had a substantial criminal record, including a prison term of more than 12 months.

The Tribunal accepted the applicant's evidence that alcohol had been a significant factor in his offending behaviour, noting that many of his offences involved alcohol use and that he had lived on the streets for several years. The applicant recounted incidents leading to his convictions, including an assault stemming from a robbery of his belongings while he was intoxicated, and an incident at a cinema where he became aggressive towards staff and police after being asked to retrieve his dog. The Tribunal also accepted psychiatric evidence that the applicant suffered from alcohol use disorder and substance-induced neurocognitive disorder, impacting his cognitive functions. Despite the applicant's claims of abstaining from alcohol for two years in detention and expressing a desire to correct his past, the Tribunal found that considerations favouring the revocation of the visa cancellation were significantly outweighed by those against it, particularly the protection of the Australian community. The Tribunal did not consider the impact on victims to be relevant in this specific case, as no evidence of such impact was presented.

The Tribunal affirmed the decision not to revoke the visa cancellation.