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

This matter concerned an appeal against the non-revocation of a mandatory cancellation of the Applicant's Global Special Humanitarian (Class XB) (Subclass 202) visa. The Applicant did not pass the character test, leading to the mandatory cancellation. The central question before the Tribunal was whether there was another reason to revoke this cancellation decision, particularly in light of Ministerial Direction No. 90.

The legal issues before the Tribunal were whether the Applicant's potential eligibility for the National Disability Insurance Scheme (NDIS) and the extent of mental health services he might receive constituted sufficient countervailing considerations to revoke the mandatory visa cancellation. The Tribunal was also required to assess the Applicant's rehabilitation and the risk of reoffending, considering the nature and seriousness of his past conduct, specifically a domestic violence offence involving strangulation.

The Tribunal rejected the argument that NDIS placement was a reason to revoke the cancellation, finding it inherently speculative as placement was not guaranteed and the timeframe for processing was unknown. Furthermore, even if placed on the NDIS, the speculative nature of how any supervision or mental healthcare would positively influence the Applicant's recidivist risk was also noted. The Tribunal considered evidence from a psychiatrist, Dr. Jillian Spencer, detailing the Applicant's history of non-compliance with mental health treatment and medication. The Tribunal concluded that the Applicant's unlawful conduct in Australia was very serious, and the nature of the harm caused by his past offending, particularly the strangulation offence, was significant.

The Tribunal affirmed the decision not to revoke the mandatory cancellation of the Applicant's visa.