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

This matter concerned an application by Mr Williams, a citizen of Liberia, to revoke the mandatory cancellation of his visa. The dispute arose because Mr Williams had a criminal record involving offences of violence against women, including domestic violence, and indecent touching of a child. He also suffered from serious mental health conditions. The court was required to determine whether there was "another reason" for the visa cancellation to be revoked, considering Mr Williams' special circumstances.

The court was required to weigh the primary considerations, including Mr Williams' criminal conduct and the risk he posed to the community, against his special circumstances. A key issue was the potential consequences for Mr Williams if his visa cancellation was affirmed, specifically the likelihood of his return to Liberia or ongoing detention. The court considered whether Mr Williams owed non-refoulement obligations, but the primary focus was on his welfare in either scenario.

The court reasoned that while Mr Williams' offending was serious and gave rise to significant concerns, his special circumstances, particularly his schizophrenia and the lack of adequate medical and economic support he would face in Liberia, outweighed the primary considerations. The court found that returning Mr Williams to Liberia would expose him to severe hardship and a high risk of further unregulated behaviour and marginalisation. Therefore, the court concluded that there was another reason to revoke the visa cancellation.

The court set aside the decision under review and substituted a decision that the cancellation of Mr Williams’ visa be revoked.