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

This matter concerned an application by ZNNP for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to revoke the mandatory cancellation of his Class XB Subclass 202 Global Special Humanitarian visa. The Administrative Appeals Tribunal was required to determine whether the applicant passed the character test or if there was another reason to revoke the cancellation.

The primary legal issues before the Tribunal were whether the applicant passed the character test as defined by section 501 of the Migration Act 1958 (Cth), and if not, whether there was another reason why the mandatory cancellation of his visa should be revoked. The Tribunal was bound to consider Ministerial Direction No 79, which provides guidance on these matters, particularly concerning the protection of the Australian community from criminal or other serious conduct.

The Tribunal found that the applicant did not pass the character test, having been sentenced to a term of imprisonment of 12 months or more, thus satisfying section 501(6)(a) and 501(7)(c) of the Act. In assessing whether there was another reason to revoke the cancellation, the Tribunal considered the applicant's offending history, including a recent conviction for affray for which he received an 8-month prison sentence. The Tribunal noted that the applicant's explanations regarding the provenance of supporting letters were not entirely credible, as he indicated that his father, rather than himself, had conveyed remorse to a community leader. The Tribunal concluded that the applicant's conduct and the risk to the community were significant factors that weighed against revocation.

The Tribunal affirmed the decision under review, meaning the mandatory cancellation of the applicant's visa was not revoked.