WQWS and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal concerning the mandatory cancellation of the applicant's visa on character grounds under section 501(3A) of the Migration Act 1958 (Cth). The applicant's offending related to an assault. The Tribunal was required to consider Direction No. 79, which outlines the non-revocation factors, including the protection of the Australian community, the best interests of minor children, and other considerations.

The primary legal issues before the Tribunal were whether the mandatory cancellation of the applicant's visa should be revoked. This involved a balancing exercise of various considerations, including the protection of the Australian community, the applicant's current circumstances such as being free from alcohol and assessed as a medium-low risk of reoffending, and the best interests of his minor children. Crucially, the Tribunal also had to consider humanitarian considerations and whether international non-refoulement obligations existed, given the applicant's potential return to Syria.

The Tribunal reasoned that community expectations, as outlined in the Direction, favoured the non-revocation of the visa cancellation. However, the Tribunal placed significant weight on humanitarian considerations and the existence of international non-refoulement obligations. Evidence indicated that if returned to Syria, the applicant would face significant risks, including a dangerous security situation, targeted violence against Christians, and a lack of basic services and economic opportunities. The Tribunal also noted the applicant's close family ties in Australia. On balance, the Tribunal concluded that the discretion should be exercised in the applicant's favour.

The Tribunal set aside the reviewable decision and revoked the cancellation of the applicant's visa.