Woods and Minister for Home Affairs (Migration)

This matter concerned an application by the Applicant, Woods, for the revocation of a mandatory cancellation of his visa, which had been imposed by the Minister for Home Affairs. The Applicant possessed a substantial criminal record and therefore did not pass the character test. The dispute before the Tribunal was whether the Minister's discretion to revoke the mandatory cancellation should be exercised in the Applicant's favour.

The Tribunal was required to determine the weight to be given to various considerations under the relevant Direction, particularly the primary considerations of protecting the Australian community from criminal or other serious conduct and the expectations of the Australian community. It also had to consider other factors, such as the strength, nature, and duration of the Applicant's ties to Australia, and the impact on victims. The Tribunal needed to assess the Applicant's criminal history, including the nature and seriousness of his offending, the risk he posed to the community, and whether he had re-offended after being warned about the consequences for his migration status.

The Tribunal applied the principles that authoritative information should be given appropriate weight and that primary considerations should generally be given greater weight than other considerations. It noted that the Government is committed to protecting the Australian community and that remaining in Australia is a privilege for non-citizens who are law-abiding. The Tribunal found that the Applicant's criminal conduct, which included numerous convictions for serious and violent offences between 2010 and 2015, weighed heavily in favour of non-revocation. The Tribunal also considered the impact on victims and concluded that these considerations, along with the primary considerations, outweighed any other factors.

Ultimately, the Tribunal affirmed the decision under review, refusing to revoke the mandatory cancellation of the Applicant's visa. The Tribunal found that the Applicant would be able to maintain a basic standard of living and address any personal issues in New Zealand, and that no other considerations outweighed the factors favouring non-revocation.