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

This matter concerned an application for review of a delegate's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant, ZBLW, had failed to pass the character test due to a serious criminal history. The sole issue before the Tribunal was whether there was "any other reason" why the visa cancellation should be revoked, applying Ministerial Direction No. 79. The decision was made by the Hon. John Pascoe AC CVO, Deputy President.

The Tribunal was required to determine whether the applicant had established "any other reason" to revoke the mandatory visa cancellation. In doing so, the Tribunal had to consider the primary considerations outlined in Ministerial Direction No. 79, including the protection of the Australian community, the best interests of minor children in Australia, the expectations of the Australian community, the strength, nature and duration of the applicant's ties to Australia, and any impediments to his removal.

The Tribunal acknowledged the applicant's extensive and serious criminal history, which included violent offences, domestic violence, and assaults on police officers, demonstrating a disregard for the Australian legal system. However, the Tribunal also considered the applicant's evidence of remorse, his efforts to address alcohol abuse and mental health issues, his strong ties to Australia where he had lived since childhood, and the best interests of his minor children. Despite the seriousness of the offending and the risk of reoffending, the Tribunal found that the best interests of the applicant's minor children, combined with his ties to Australia and impediments to returning to New Zealand, were compelling factors that should prevail.

The Tribunal set aside the delegate's decision not to revoke the visa cancellation. In substitution, the Tribunal decided to revoke the decision to cancel the applicant's visa.