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

The Administrative Appeals Tribunal considered the case of Wikaira and the Minister for Immigration, Citizenship and Multicultural Affairs. The applicant, a New Zealand citizen who had been residing in Australia since 2012, sought to have a mandatory visa cancellation revoked. The cancellation was based on the applicant failing to pass the character test due to criminal convictions, including a recent offence of sexual touching without consent.

The Tribunal was required to determine whether there was "another reason" why the mandatory visa cancellation decision should be revoked, as per subparagraph 501CA(4)(b)(ii) of the Migration Act 1958 (Cth). This involved assessing various considerations outlined in Ministerial Direction No. 90, including the protection of the Australian community, the best interests of minor children, and the expectations of the Australian community, as well as other considerations such as impediments to removal and links to the Australian community.

The Tribunal reasoned that the applicant did not satisfy the character test. In assessing whether there was another reason to revoke the cancellation, the Tribunal considered the seriousness of the offending conduct, noting that all serious offences were directed at women. The applicant's statement that "it takes two to tango" in relation to the sexual touching offence indicated a lack of contrition or remorse. Furthermore, the applicant's criminal history, including prior convictions for assault and offences committed whilst on a conditional release order, suggested poor prospects of rehabilitation and a disregard for Australian laws. The Tribunal found that the applicant had not provided sufficient material to support his application, leading to a paucity of detail regarding his circumstances.

Ultimately, the Tribunal concluded that there was no other reason to revoke the mandatory visa cancellation decision. The Tribunal affirmed the original decision, finding that the applicant's continued presence in Australia would be opposed to the safety and welfare of the nation.