Uili and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an appeal by Mr Uili against a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his visa. The cancellation was based on Mr Uili failing to pass the character test due to his criminal conduct. The Administrative Appeals Tribunal was required to determine whether there was another reason why the visa cancellation should be revoked, considering the provisions of Ministerial Direction 90.

The Tribunal was tasked with assessing several key considerations under Ministerial Direction 90, including the protection of the Australian community, the nature and seriousness of Mr Uili's offending conduct, the risk of reoffending, and the best interests of minor children. The Direction also required consideration of impediments to removal and Mr Uili's links to the Australian community, particularly in circumstances where he would be returned to a country where he had not lived for an extended period. The Tribunal was to assign weight to each criterion, ranging from neutral to significant, in its determination.

In its reasoning, the Tribunal found Mr Uili's offences to be serious, involving repeated acts of violence, possession of weapons, and escalating violence over time, including offences committed while in prison. The Tribunal noted that the sentencing judge had expressed concerns about Mr Uili's prospects of rehabilitation and considered him a danger to the community. Despite acknowledging Mr Uili's youth at the time of some offences and the general desire to encourage rehabilitation, the Tribunal concluded that his history indicated a failure to respond to past rehabilitation efforts. The Tribunal also considered the expectation that Australia has a low tolerance for criminal conduct by non-citizens and that engaging in serious conduct raises character concerns. Ultimately, the Tribunal affirmed the decision to cancel Mr Uili's visa.