WQRJ and Minister for Home Affairs (Migration)

This matter concerned an appeal by WQRJ against a decision by the Minister for Home Affairs to mandatorily cancel his visa on character grounds. The appeal was heard by A Poljak SM. The dispute centred on whether there was "another reason" why the cancellation should be revoked, considering WQRJ's criminal history, which included offences involving domestic violence and repeated driving offences.

The court was required to determine whether the mandatory cancellation of WQRJ's visa should be revoked. This involved assessing the weight to be given to the primary considerations outlined in Direction 65, specifically the protection of the Australian community from criminal or other serious conduct, the best interests of minor children in Australia, and the expectations of the Australian community. The court also considered the nature and seriousness of WQRJ's conduct and the risk of future offending.

In reaching its decision, the court applied the principles set out in Direction 65. It found that WQRJ's criminal history was substantial, spanning over ten years and including offences such as common assault (domestic violence), contravention of an apprehended violence order, robbery in company, and multiple driving while disqualified charges. The court noted that offences involving violence are viewed seriously and that the applicant's history indicated a pattern of serious conduct. While acknowledging the suspended sentence and good behaviour bond for the domestic violence offences, the court found that the nature and seriousness of the conduct, coupled with the risk of reoffending, weighed heavily against revocation. The court also considered the expectations of the Australian community, which it found also weighed against revocation. The court determined that the consideration of impact on Australian business interests was not applicable in this case.

Ultimately, the court concluded that the principles of protecting the Australian community and the expectations of the Australian community weighed heavily against revoking the mandatory cancellation of WQRJ's visa. These considerations outweighed any factors favouring revocation, and therefore, the decision under review was affirmed.