Editor's Blog

DIBP has announced that Minister Scott Morrison will personally cancel the visas of undesirable residents from now on, denying them the right of appeal to the AAT.

The announcement follows the AAT’s recent decisions which set aside the Minister’s delegates decisions to cancel the visas of Sean Gabriel and Tuan Anh Hoang for criminal conduct. This blog recently reviewed Gabriel’s case.

In the matter of Hoang who had convictions which spanned 17 years largely for drug related offences, the AAT deputy president Brian Tamberlin stated:

“I consider there is a real danger that his addiction will continue, notwithstanding his hopes and aspirations to the contrary. He has been made aware of the deportation consequences of his criminal conduct and has been given overall relatively light sentences for some of his offences but his behaviour pattern has continued. The evidence of repetitive conduct over a long period supports the view that there is a moderate risk that he will continue to use drugs and will reoffend…

However, the AAT held that although there was "a significant possibility that he might reoffend", Mr Hoang's strong family connections in Australia meant he should stay: 

“I consider that the degree and duration of Mr Hoang’s ties to Australia over a period of 20 years and the strong loving support of his mother and longstanding partner, Ms Bui, outweigh the need for protection of the Australian community in this case. His ties are demonstrated by his adaptation to the Australian culture over the past two decades. These ties, together with the punishments and detentions he has experienced and the support of those closest to him, will serve as a strong deterrent to further serious misconduct. In all the circumstances I do not believe the evidence supports a decision that the visa of Mr Hoang should be cancelled.”

An unnamed spokesperson from the Minister’s office reportedly commented, "Had the decision to cancel Mr Gabriel's visa been made by the minister, it would not have been subject to review by the AAT,

"Mr Morrison has asked the department to ensure that consideration of all visa cancellations and refusals based on character grounds are referred to him."

In the meantime, it is reported that the Minister is considering advice on how to further pursue the AAT decisions on Gabriel and Hoang.