ZXXZ and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application by ZXXZ (the Applicant) to revoke the mandatory cancellation of his Class XB Subclass 204 Woman at Risk visa. The cancellation was based on the Applicant failing to pass the character test due to having a substantial criminal record. The Minister for Immigration, Citizenship and Multicultural Affairs (the Minister) was the respondent. The decision was made by Senior Member J Rau.

The legal issues before the Tribunal were whether the discretion to revoke the visa cancellation under section 501CA(4) of the Migration Act 1958 (Cth) should be exercised. This required the Tribunal to consider various primary and other considerations, including Ministerial Direction No. 90, the Applicant's ties to Australia, the impact on Australian business interests, the possibility of indefinite detention, and the potential impact on victims of his offending.

The Tribunal's reasoning involved weighing the Applicant's significant ties to Australia, including his mother and siblings who are Australian citizens or permanent residents, against his substantial criminal record and the risk he posed to the community. The Tribunal noted that while the Applicant's mother relied on him for support, particularly given her disabled son, the Applicant had not been a consistent carer and had a history of offending. The possibility of indefinite detention was also a significant factor. Ultimately, the Tribunal found that the Applicant's offending history weighed heavily against revocation, and despite his community ties, these were not sufficient to outweigh the risks. The Tribunal concluded that the discretion to revoke the cancellation should not be exercised.