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

The Administrative Appeals Tribunal considered the case of Mr Waqa and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the non-revocation of a mandatory cancellation of Mr Waqa's Regional Sponsor Migration Scheme Visa, which had been cancelled due to him failing to pass the character test. Mr Waqa sought to argue that there was another reason to revoke this mandatory cancellation decision.

The Tribunal was required to determine whether there was another reason to revoke the mandatory cancellation of Mr Waqa's visa, considering the principles outlined in Ministerial Direction 90. This involved assessing the seriousness of Mr Waqa's past conduct, the risk of future offending, and the potential harm to the Australian community, as well as other relevant considerations such as family violence and the best interests of minor children.

The Tribunal reasoned that Mr Waqa's offending, which he admitted was largely linked to past drug and alcohol abuse, was very serious. It noted that his consumption of alcohol was significant and that he became angry and violent when intoxicated. The Tribunal found that any repetition of his past criminal conduct, including domestically violent or other violent behaviour, would result in palpable and serious harm to victims. Applying Ministerial Direction 90, the Tribunal concluded that the totality of Mr Waqa's unlawful conduct was very serious and that the risk of future harm, should he re-offend, was unacceptable.

The Tribunal affirmed the decision to not revoke the mandatory cancellation of Mr Waqa's visa.