Wekerle and Minister for Home Affairs (Migration)

This matter concerned an application by Mr Wekerle for review of a decision by a delegate of the Minister for Home Affairs not to revoke the mandatory cancellation of his visa. Mr Wekerle, a non-citizen, had his visa cancelled under section 501(3A) of the Migration Act 1958 (Cth) while serving a full-time sentence of imprisonment for violent offences. The Administrative Appeals Tribunal (AAT) was required to determine whether there was "another reason" to revoke this cancellation.

The legal issues before the AAT were whether Mr Wekerle passed the character test, and if not, whether there were any other reasons to revoke the mandatory visa cancellation. The AAT was guided by the Direction issued under the Act, which outlines considerations for decision-makers, including the protection of the Australian community and the expectations of the Australian community. The Tribunal was required to weigh these considerations against any factors favouring revocation, based on the probative material and evidence presented in the individual case.

The AAT found that Mr Wekerle did not pass the character test due to his criminal conduct. In considering whether there was "another reason" to revoke the cancellation, the Tribunal evaluated the evidence, including Mr Wekerle's submissions regarding his relationships with children in Australia, which the Tribunal found unpersuasive. Ultimately, the AAT concluded that the cumulative effect of the primary considerations, namely the protection of the Australian community and the expectations of the Australian community, outweighed any other considerations favouring revocation.

Accordingly, the AAT affirmed the decision under review, meaning the cancellation of Mr Wekerle's visa was not revoked.