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

This matter concerned an application by TXFB, a national of South Sudan, for the revocation of the mandatory cancellation of his Class XB Subclass 200 Refugee visa. The cancellation was based on TXFB failing to pass the character test due to convictions for public order, family violence, and breach offences. The Administrative Appeals Tribunal was required to determine whether there was another reason to revoke the cancellation decision, considering factors such as the best interests of minor children and the impact on victims.

The Tribunal considered the nature and seriousness of TXFB's conduct, noting a pattern of offending over several years, including charges of unlawful assault and intentionally causing injury, contravention of a family violence intervention order, and theft. The sentencing Magistrate had expressed concerns about TXFB's prospects for rehabilitation, his pattern of denying responsibility, and his need for time in custody to reflect. The Tribunal also examined evidence of TXFB's previously undisclosed head injury, which had led to cranial surgery and a coma, and its impact on his ability to engage in sport and employment.

In assessing the best interests of the minor children, the Tribunal heard evidence from TXFB, his partner Ms P, and his former partner Ms T. TXFB stated his desire to be a father figure and to help his children connect with their African heritage. Ms P described TXFB's positive and consistent relationship with their child C2 and his paternal role in the life of her other child SC1, noting the significant negative impact his deportation would have on them. Ms T indicated that TXFB had an active relationship with her children, including C1, and that she would be happy for them to reconnect with him if he were released. The Tribunal found that the consideration of the best interests of the minor children weighed heavily in favour of revocation.

The Tribunal set aside the decision to cancel TXFB's visa and substituted a decision to revoke the cancellation.