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

This matter concerned an application by TJHG to the Administrative Appeals Tribunal for the non-revocation of a mandatory visa cancellation. The applicant, who had been convicted of supplying a large commercial quantity of methylamphetamine, sought to have his visa cancellation set aside. The Minister for Immigration, Citizenship and Multicultural Affairs was the respondent.

The Tribunal was required to determine the weight to be given to various factors under Direction No. 99, including the strength, nature, and duration of the applicant's ties to Australia, the best interests of any minor children, and the expectations of the Australian community. The Tribunal also had to consider the legal consequences of the decision, specifically the extent of impediments the applicant might face if removed to Nigeria, including the possibility of prosecution under Nigerian law.

The Tribunal reasoned that while the applicant had not resided in Australia during his formative years and had offended after arriving, his positive contribution to the Australian community through his work in the disability sector was a relevant factor. Despite the applicant's limited family ties in Australia, the Tribunal found that his removal would create extreme hardship for his Australian-based family. Furthermore, the Tribunal noted that the applicant presented a low risk of reoffending and that the expectations of the Australian government and community weighed against visa revocation. The Tribunal also considered the potential for double punishment in Nigeria, which, while not forming a formal non-refoulement claim, was a factor to be weighed against the seriousness of the offending.

Ultimately, the Tribunal set aside the decision under review, finding that the visa cancellation should not be affirmed.