Vaokakala and Minister for Home Affairs (Migration)

This matter concerned an appeal by Mr Vaokakala against the mandatory cancellation of his visa by the Minister for Home Affairs. The dispute centred on whether the cancellation was justified under the character provisions of the *Migration Act 1958* (Cth), specifically in light of Mr Vaokakala's criminal history. The decision was made by A Poljak SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether to revoke the mandatory visa cancellation. This involved assessing the primary considerations outlined in Direction 65, which include the protection of the Australian community from criminal or other serious conduct, the best interests of minor children in Australia, and the expectations of the Australian community. The Tribunal also had to consider the seriousness and nature of Mr Vaokakala's conduct, the risk of future offending, the strength and duration of his ties to Australia, and the impediments he would face if removed.

In reaching its decision, the Tribunal considered Mr Vaokakala's extensive criminal record, which commenced in 1998 when he was 18 years old. This history included convictions for serious offences such as "take/detain person" (kidnapping) and "aggravated break and enter and commit serious indictable offence - inflict grievous bodily harm." While the Tribunal acknowledged that some of the drug supply offences were of relatively low objective criminality and committed to fund a drug habit, the presence of violent offences, including kidnapping and aggravated break and enter involving grievous bodily harm, weighed heavily against revocation. The Tribunal found that the protection of the Australian community from criminal conduct and the expectations of the Australian community significantly outweighed other considerations favouring revocation.

Consequently, the Tribunal affirmed the decision to cancel Mr Vaokakala's visa.