Wiki and Minister for Home Affairs (Migration)

This matter concerned an application to the Administrative Appeals Tribunal for the revocation of a mandatory cancellation of a Class TY Subclass 444 Special Category (Temporary) visa. The applicant, Wiki, had failed to pass the character test due to a history of traffic offences and domestic violence, which the Tribunal found demonstrated a disregard for Australian law and an unacceptable risk of re-offending.

The Tribunal was required to consider various factors outlined in Ministerial Direction No 65 when determining whether to revoke the visa cancellation. These included the existence and weight of any non-refoulement obligations, the strength, nature, and duration of the applicant's ties to Australia, the impact of removal on Australian business interests, the impact on victims of the applicant's criminal behaviour, and the extent of impediments the applicant might face if removed from Australia. The Tribunal also had to consider the best interests of the applicant's minor children.

In its reasoning, the Tribunal acknowledged that there would be significant impediments to the applicant's re-establishment in New Zealand, particularly concerning contact with his children. However, it found that the applicant should be able to find employment and would not face substantial cultural difficulties. Crucially, the Tribunal was "absolutely satisfied" that the risk of the applicant re-offending constituted an unacceptable risk. This risk, combined with the expectations of the Australian community, was found to strongly outweigh all other considerations.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa and declined to revoke the cancellation.