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

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs not to revoke the mandatory cancellation of Ms Wallace's visa. Ms Wallace had failed to pass the character test due to a criminal record involving multiple instances of domestic violence, including assault occasioning actual bodily harm, common assault, and property damage. The primary legal issue before the court was whether there was "another reason" why the cancellation of Ms Wallace's visa should be revoked, as contemplated by the Migration Act 1958 (Cth).

In determining this issue, the court was required to consider Ministerial Direction No. 90, which outlines the factors to be taken into account when assessing whether another reason exists to revoke a mandatory visa cancellation. These factors include the nature and seriousness of the offending conduct, the risk of reoffending, the protection of the Australian community, the best interests of minor children, community expectations, the strength and duration of ties to Australia, and impediments to removal. The court considered evidence of Ms Wallace's remorse, her intention not to re-offend, and the support she would receive from her family in Australia, including accommodation and potential employment.

However, the court found that the seriousness of Ms Wallace's offending conduct, particularly the domestic violence offences, weighed heavily against revocation. Despite evidence suggesting a change in her attitude and a desire to avoid re-offending, the court was not satisfied that these factors outweighed the risk to the Australian community. The court also considered the limited impediments Ms Wallace would face upon removal to New Zealand, noting her age, health issues that could be managed, and the availability of social support from her grandmother. Ultimately, the court concluded that the reviewable decision to affirm the cancellation of Ms Wallace's visa was correct, and therefore, the decision was affirmed.