ZTBL and Minister for Immigration and Multicultural Affairs (Migration)

This matter concerned the non-revocation of a mandatory cancellation of a Class BF Transitional (Permanent) visa held by the Applicant, who had failed to pass the character test. The Applicant had a long and serious criminal history, including drug addiction and drug-related offences spanning approximately 25 years, and more recent violent offending. He had been granted a Bridging (Removal Pending) visa. The decision under review was affirmed by Senior Member Rebecca Bellamy.

The Tribunal was required to determine whether there was "another reason" to revoke the mandatory cancellation of the Applicant's visa, considering the provisions of Ministerial Direction No. 110. This involved weighing various primary and other considerations, with a particular focus on the protection of the Australian community from harm due to criminal activity. The Tribunal had to assess the nature and seriousness of the Applicant's conduct, including the frequency and impact of his offending, and the risk he posed to the community.

In reaching its decision, the Tribunal applied Ministerial Direction No. 110, which mandates that the protection of the Australian community is a primary consideration and generally carries greater weight. The Tribunal found that the Applicant's extensive criminal history, comprising over 350 offences including violent acts and possession of weapons, weighed heavily against revoking the visa cancellation. While acknowledging the Applicant's difficult childhood and trauma, and considering factors in favour of revocation such as his past rehabilitation efforts and potential for future contributions, these were outweighed by the seriousness and persistence of his offending. The Tribunal concluded that there was not another reason to revoke the mandatory cancellation of the Applicant's visa.