Turner and Minister for Home Affairs (Migration)

This matter concerned an application to the Administrative Appeals Tribunal (AAT) by an applicant challenging the cancellation of his visa. The visa cancellation was based on the applicant failing to pass the character test due to a substantial criminal record, which included drug possession, violent offences, and numerous traffic offences. The AAT Member, Dr L Bygrave, was required to determine whether to affirm or revoke the decision to cancel the applicant's visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for revocation of the visa cancellation, specifically considering the protection of the Australian community from criminal and other serious conduct. This involved assessing the nature and seriousness of the applicant's past conduct, the risk to the community if he were to re-offend, the strength, nature, and duration of his ties to Australia, and the extent of impediments he would face if removed from Australia. The Tribunal also had to consider the best interests of any minor children involved and the expectations of the Australian community.

The Tribunal's reasoning focused heavily on the applicant's extensive and persistent criminal record, which spanned several years and included serious offences such as assault occasioning actual bodily harm and multiple instances of driving while disqualified or licence cancelled. The Tribunal noted that the applicant had continued to offend even while in detention. The evidence indicated a pattern of non-compliance with court orders and laws. While the applicant had established some ties to Australia, including a relationship with an Australian partner and her daughter, and had resided in Australia since 2000, the Tribunal found these ties were outweighed by the seriousness of his criminal conduct and the risk he posed to the Australian community. The Tribunal concluded that, in light of the applicant's criminal history and the need to protect the community, it was not appropriate to revoke the decision to cancel his visa.

Consequently, the Tribunal affirmed the decision under review, meaning the cancellation of the applicant's visa was upheld.