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

This matter concerned an application for review of the Minister's decision to refuse to revoke the mandatory cancellation of the Applicant's Subclass 444 Special Category (Temporary) visa. The Applicant did not pass the character test due to a substantial criminal history, specifically convictions for 15 counts of indecent treatment of children under 16. The sole issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation, considering Ministerial Direction 99.

The Tribunal was required to determine if the Applicant's circumstances constituted "another reason" to revoke the mandatory cancellation of his visa, despite failing the character test. This involved assessing the primary considerations outlined in Ministerial Direction 99, including the protection of the Australian community from criminal or other serious conduct, the engagement of family violence, and the strength, nature, and duration of the Applicant's ties to Australia. The Tribunal also had to consider the interests of minor children who were not biologically related to the Applicant and were without close family.

The Tribunal considered the Applicant's difficult childhood and his subsequent role as a kinship carer for four children, two of whom were his biological daughters and two of whom were not biologically related but were placed in his care. Despite acknowledging the Applicant's significant criminal offending, which involved a gross betrayal of trust and caused substantial psychological harm to the victim, the Tribunal found that the likelihood of reoffending was low, given his guilty plea, participation in rehabilitation programs, and absence of prior offending in Australia. However, the nature of the offending weighed heavily against revocation. The Tribunal also noted the Applicant's significant contribution to the Australian community through his continuous employment and his efforts to keep the four children together as a family.

Ultimately, the Tribunal set aside the decision under review and substituted a new decision to revoke the mandatory cancellation of the Applicant's visa.