System Message:

Australian Immigration Daily News

Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form
Posted by on in General
  • Font size: Larger Smaller
  • Hits: 1193
  • 1 Comment

What factors does the AAT consider to determine if someone is of a good character?

In this particular case, the AAT affirmed a decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Department) not to revoke the mandatory cancellation of the applicant’s spouse visa. He was found to not be of good character. 

By way of background, the applicant’s visa was cancelled on character grounds because he had a substantial criminal record and was serving a sentence of imprisonment. This was a mandatory cancellation (under s501) by the Department after the applicant was sentenced to 15 years in prison for attempting to possess a commercial quantity of methamphetamine.

When a person has requested revocation of the cancellation of the visa and that request has been refused by the Department, they can seek a merits review in the AAT of the decision.

The AAT is required to consider the matters set out in Ministerial Direction no. 79 (the Ministerial Direction) which include protection of the Australian community from criminal or other serious conduct, the best interests of minor children in Australia and the expectations of the Australian community (primary considerations). The Tribunal must also consider other factors, such as our international non-refoulement obligation and the strength, nature and length of a person’s ties to Australia (other considerations).

The applicant migrated to Australia from Nigeria in 2007 as a 30-year-old. He was arrested three years later and served the nine-year non-parole period of his sentence before entering immigration detention in late 2019.

In deciding whether to revoke the decision, the AAT found the very serious nature of the applicant’s offence, along with the harm methamphetamine causes in the Australian community weighed heavily against him. The Tribunal considered the impact his removal from Australia would have on his 13-year-old daughter and his wife as they would be indefinitely separated from him, and the difficulties he could face re-settling in Nigeria. However, these matters were not enough to justify revoking the cancellation of his visa.

Cancellation cases based on character grounds are notoriously difficult to navigate.  There threshold set by the AAT requires the applicant to prove that there is little or no chance of the applicant repeating the offence.

If you have any questions in relation to character related offences, please email This email address is being protected from spambots. You need JavaScript enabled to view it.

Full decision can be found here: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2020/1467.html?context=1;query=bhvn;mask_path=au/cases/cth/AATA

 

Last modified on
Rate this blog entry:
0

Comments

  • Guest
    kevin Monday, 21 September 2020

    what matters would be enough to justify the deportation of this person ?

Leave your comment

Guest Friday, 29 March 2024
Joomla SEF URLs by Artio

Immigration blog

Bizcover Banner
Migration Amendment (Removal and Other Measures) Bill 2024
The Migration Amendment (Removal and Other Measure...
Continue Reading...
Migration (Class of Persons for Nil VAC-LIN 24/008) Specification 2024
The Migration (Class of Persons for Nil VAC—LIN 24...
Continue Reading...
Pacific Engagement (Subclass 192) visa ballot
Introducing the Pacific Engagement Visa Initiative...
Continue Reading...