Weti-Safwan and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by Ms Weti-Safwan to revoke the mandatory cancellation of her visa, which had been cancelled under section 501CA of the Migration Act 1958 due to her substantial criminal record. The Minister for Immigration and Border Protection opposed the revocation. The Administrative Appeals Tribunal (AAT) was required to consider whether there was another reason to revoke the mandatory cancellation, weighing various primary and other considerations.

The Tribunal was tasked with determining whether the primary considerations, including the protection of the Australian community, the best interests of minor children, and the expectations of the Australian community, weighed in favour of revoking the visa cancellation. Additionally, the Tribunal had to consider other relevant factors, such as Ms Weti-Safwan's ties to Australia and any impediments to her removal to New Zealand. The Tribunal was presented with extensive evidence of Ms Weti-Safwan's long-term residence in Australia since childhood, her marriage to an Australian permanent resident, and her Australian citizen daughter.

In its reasoning, the Tribunal acknowledged that the protection of the Australian community weighed against revocation. However, it found that the best interests of Ms Weti-Safwan's minor daughter and the expectations of the Australian community weighed in favour of revocation. The Tribunal also considered Ms Weti-Safwan's strong familial ties to Australia, including her husband and extended family, and the significant emotional and financial support she received from them. While acknowledging that impediments to her removal from Australia were limited to her separation from her family network and support for her drug addiction, the Tribunal ultimately concluded that the considerations overall weighed in favour of the applicant.

Consequently, the Tribunal was satisfied that there was a reason to revoke the original cancellation decision. The decision under review was set aside, and the cancellation of Ms Weti-Safwan's visa was revoked under section 501CA(4) of the Migration Act 1958.