Tenari and Minister for Home Affairs (Migration)

This matter concerned an application by Tenari (the Applicant) to the Administrative Appeals Tribunal (the Tribunal) for the revocation of a mandatory cancellation of his visa. The Applicant's visa had been cancelled under s 501(3A) of the Migration Act 1958 (Cth) because he did not pass the character test and was serving a full-time term of imprisonment. The Minister for Home Affairs (the Respondent) opposed the revocation.

The central legal issue before the Tribunal was whether the discretion conferred by s 501CA of the Migration Act 1958 (Cth) to revoke the mandatory visa cancellation should be exercised in favour of the Applicant. This required the Tribunal to consider the relevant considerations outlined in Direction No 65, particularly the protection of the Australian community from criminal or other serious conduct, and the best interests of minor children in Australia.

The Tribunal, applying Direction No 65, found that the Applicant's extensive criminal history, which included over 40 offences and, significantly, breaches of domestic violence orders, weighed heavily against the revocation of the visa cancellation. The Tribunal noted the seriousness of domestic violence offences and the Magistrate's strong views on the Applicant's conduct. While acknowledging some considerations that might favour the Applicant, the Tribunal concluded that these did not sufficiently outweigh the factors favouring non-revocation, particularly the need to protect the Australian community.

Consequently, the Tribunal affirmed the decision under review, meaning the mandatory cancellation of the Applicant's visa was not revoked.