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

This matter concerned an application for review by Mr Vovk, a citizen of the Russian Federation, of the cancellation of his skilled independent (migrant) visa by the Minister's delegate under section 501(2) of the *Migration Act*. The Tribunal was required to consider the relevant considerations outlined in ministerial Direction No. 90 when determining whether to set aside the cancellation decision.

The central legal issues before the Tribunal were how to weigh the various primary and other considerations set out in Direction No. 90, particularly in light of Mr Vovk's criminal history, which included multiple instances of common assault and domestic violence between 2012 and 2016, and his subsequent period of no offending. The Tribunal also had to assess the weight to be given to Mr Vovk's rehabilitation, his links to the Australian community, and any potential impediments to his return to Russia.

The Tribunal reasoned that while the primary consideration of protecting the Australian community marginally supported cancellation, and his past conduct, predominantly family violence, weighed against him, the significant weight of his seven-year period of no offending, coupled with his efforts at rehabilitation, substantially reduced the impact of this consideration. The Tribunal found that Mr Vovk had demonstrated genuine change, evidenced by his studies, employment, community involvement, and improved relationship with his mother, leading to the conclusion that he was a low risk of reoffending. Consequently, the Tribunal found that Mr Vovk's strong links to the Australian community weighed heavily in favour of restoring his visa, ultimately leading to the decision to set aside the visa cancellation.