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

This matter concerned an appeal by VVCF against a decision of the Migration Review Tribunal (MRT) which affirmed the mandatory cancellation of the applicant's visa. The cancellation was based on the applicant failing to pass the character test due to convictions for family violence offences, including common assault, contravening an apprehended violence order, and property damage. The applicant sought to have the visa cancellation revoked, arguing there was another reason why it should be revoked, and that the MRT had erred in its application of Ministerial Direction No. 99.

The primary legal issue before the court was whether the MRT had correctly applied Ministerial Direction No. 99 in considering whether there was another reason to revoke the mandatory visa cancellation. Specifically, the court needed to determine if the MRT had given appropriate weight to the relevant considerations, including the nature and seriousness of the offending conduct, the protection of the Australian community, the best interests of children, and the expectations of the Australian community, as well as any impediments to removal.

The court reasoned that while decision-makers are bound to consider the matters set out in Ministerial Direction No. 99, they are not limited to those considerations. The Direction provides guidance on the relative weight of considerations but does not impose a formulaic approach. The ultimate weight to be given to each matter is for the decision-maker to determine based on the specific facts of the case. The court noted that the applicant's convictions for domestic violence offences were serious and posed a risk to the Australian community. The MRT had considered these factors, along with other relevant considerations, and concluded that the mandatory cancellation should not be revoked.

The Tribunal affirmed the decision under review, finding that the correct and preferable decision was not to revoke the mandatory cancellation of the applicant's visa.