VKVH and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application by VKVH (the applicant) to review a decision by the Minister for Immigration, Citizenship and Multicultural Affairs (the respondent) to cancel the applicant's visa. The Administrative Appeals Tribunal (the Tribunal), constituted by N A Manetta SM, heard the matter afresh on the evidence adduced before it.

The Tribunal was required to determine the correct or preferable decision on the merits regarding the cancellation of the applicant's visa, considering all the evidence presented. This involved conducting a hearing where oral evidence and submissions were received, and written documents were considered, rather than merely reviewing the delegate's decision for error.

The Tribunal reasoned that it was empowered to affirm or set aside the delegate's decision based on the evidence before it, irrespective of any error in the delegate's original reasons. After considering the applicant's background, including his birth in a refugee camp, his assimilation into Australian society, his history of alcohol and drug abuse, and his criminal offending, the Tribunal decided to set aside the decision under review. The Tribunal substituted a decision that the cancellation of the applicant's visa be revoked.