Thompson and Minister for Immigration and Border Protection (Migration)

This matter concerned an appeal by Mr Thompson against the Minister for Immigration and Border Protection's refusal to revoke the mandatory cancellation of his visa. Mr Thompson had a substantial criminal record, which triggered the mandatory cancellation. The dispute centred on whether the Minister's decision to affirm the cancellation, rather than revoke it, was lawful. The case was heard by Deputy S A Forgie P.

The primary legal issue before the court was whether the decision-maker had properly considered the relevant factors under Direction No. 65 when determining whether to revoke the mandatory visa cancellation. Specifically, the court had to assess whether the decision-maker adequately weighed Mr Thompson's length of residence in Australia, the strength and nature of his family and social links in Australia, and the potential impact of non-revocation on his immediate family members who were Australian citizens or permanent residents. The court also considered the best interests of any minor children affected by the decision, although Mr Thompson did not have children of his own.

The court reasoned that while Mr Thompson had resided in Australia for most of his formative years, his offending began at a young age and was associated with drug use. Despite his family ties in Australia, including parents and siblings, the court found that his relationships with some family members were not close or had been absent for significant periods. The court also noted that Mr Thompson had no established social links or friends in New Zealand, where he had returned. Crucially, the court found that Mr Thompson's history of offending, including recent drug use, indicated a continued risk of re-offending at a level not acceptable to the Australian community. The court concluded that the decision-maker had properly applied the principles of Direction No. 65 and was not satisfied that the risk of Mr Thompson re-offending had been reduced to an acceptable level.

The court affirmed the Minister's decision to refuse to revoke the mandatory cancellation of Mr Thompson's visa.