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

This matter concerned an application by VGJG (the applicant) to the Administrative Appeals Tribunal for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to revoke the mandatory cancellation of his visa. The applicant had failed to pass the character test due to his criminal conduct.

The Tribunal was required to determine whether there was "another reason" why the visa cancellation should be revoked, pursuant to section 501CA(4)(b)(ii) of the Migration Act 1958 (Cth). In making this determination, the Tribunal was bound to consider Ministerial Direction No. 90, which outlines the primary considerations to be taken into account, including the protection of the Australian community, the best interests of minor children, expectations of the Australian community, and the strength, nature, and duration of ties to Australia.

The Tribunal found that the applicant's offending conduct, which included breaches of apprehended violence orders, stalking and intimidation offences against his wife and others, and common assault offences against women (including a minor), was serious and demonstrated a disregard for the law and vulnerable members of the community. The Tribunal also assessed that the applicant posed a risk to the Australian community, particularly if he were to engage in alcohol or drug abuse, noting a past tendency to relapse. While acknowledging the applicant's stated strong relationship with his children and his difficult past experiences in Kenya, the Tribunal concluded that the seriousness of his offending, the risk he posed to the community, and the expectations of the Australian community weighed heavily in favour of non-revocation.

Consequently, the Tribunal affirmed the delegate's decision not to revoke the cancellation of the applicant's visa.