Vatubuli and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by Mr Vatubuli for the revocation of the mandatory cancellation of his visa. The cancellation was based on Mr Vatubuli failing to pass the character test due to a substantial criminal record. The Minister for Immigration and Border Protection applied Ministerial Direction No 65, which governs the discretion to revoke such cancellations, to the circumstances.

The court was required to determine whether the Minister's decision to affirm the mandatory cancellation of Mr Vatubuli's visa was correct, applying the principles and considerations outlined in Ministerial Direction No 65. Specifically, the court had to assess the weight to be given to the protection of the Australian community from criminal conduct, the expectations of the Australian community, and other relevant considerations, in deciding whether to revoke the cancellation.

In reaching its decision, the court considered the seriousness and nature of Mr Vatubuli's conduct, including a robbery in company and an affray, noting the sentences imposed and the increasing seriousness and frequency of his offending shortly after his arrival in Australia. The court also considered the risk of re-offending and the expectations of the Australian community that non-citizens will be law-abiding. While acknowledging the existence of international non-refoulement obligations and the impact of Cyclone Winston on Fiji, the court found no specific evidence of particular impact on Mr Vatubuli if removed, nor any other factors that would warrant revocation.

Consequently, the court found no reason to revoke the original decision to cancel Mr Vatubuli's visa and affirmed the decision under review.