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

This matter concerned an application for revocation of a mandatory visa cancellation. The applicant, Mr Watson, held a Special Category (subclass TY 444) visa and did not pass the character test due to having a substantial criminal record. The dispute before the Administrative Appeals Tribunal was whether the discretion to refuse to grant the visa should be exercised in the applicant's favour, considering Ministerial Direction No. 90.

The Tribunal was required to determine the appropriate weight to be given to both primary and other considerations under Ministerial Direction No. 90, particularly in relation to the protection of the Australian community. This involved assessing the nature and seriousness of the applicant's conduct and the risk to the community should further offences be committed. The Direction specifies that violent and sexual crimes, crimes against women or children, and acts of family violence are viewed very seriously.

The Tribunal reasoned that the "other considerations" must be treated as distinct from "secondary" considerations, requiring an evaluation of the weight to be afforded to each. While primary considerations are generally given greater weight, the Tribunal noted that other considerations could be afforded the greatest weight in specific circumstances. In this instance, the Tribunal considered the primary consideration of protecting the Australian community, noting the seriousness with which violent and sexual crimes, particularly against vulnerable individuals, are regarded by the government and the community.

Ultimately, the Tribunal determined that the visa cancellation should not be revoked. The decision under review was affirmed, meaning the mandatory cancellation of the applicant's visa stood.