VJSG and Minister for Home Affairs (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of VJSG and the Minister for Home Affairs concerning a mandatory visa cancellation. The applicant sought revocation of this cancellation, which had been triggered by a substantial criminal record spanning a long period, including a sentence of imprisonment of 12 months or more, thus failing the character test.

The Tribunal was required to determine whether to revoke the mandatory visa cancellation. This involved assessing various factors, including the protection of the Australian community, the best interests of the applicant's minor children, the expectations of the Australian community, and other considerations such as domestic violence and the applicant's strong ties to Australia. The Tribunal also had regard to a warning previously given to the applicant regarding the consequences of re-offending.

In reaching its decision, the Tribunal affirmed the decision under review. This indicates that the Tribunal found that the grounds for mandatory cancellation were made out and that revocation was not warranted, ultimately concluding that the applicant's visa cancellation would stand.