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

This matter concerned an application for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the Applicant's visa. The Applicant had failed to pass the character test due to a substantial criminal record, including drug and stolen property offences. The primary legal issues before the Tribunal were whether the Applicant passed the character test, and if not, whether there was another reason to revoke the visa cancellation decision under section 501CA(4) of the *Migration Act 1958* (Cth).

In determining the matter, the Tribunal considered the criteria outlined in Direction No 90, including the protection of the Australian community, the nature and seriousness of the Applicant's conduct, and the risk posed to the community. The Tribunal also considered other relevant factors such as the best interests of the Applicant's minor children, the extent of impediments to removal to New Zealand, and the strength and duration of the Applicant's ties to Australia. The Tribunal found that while community expectations weighed against revocation, the Applicant's efforts at rehabilitation and his significant ties to Australia, including family responsibilities, were important considerations.

The Tribunal ultimately found that there was another reason to revoke the visa cancellation decision. Consequently, the Reviewable Decision was set aside and substituted with a decision to revoke the cancellation.