Visa Cancelled – Mandatory Cancellation for Failed Character Test – Successful Appeal

Usually, a visa cancellation for failed character test because of, for example, substantial criminal record is devastating and there is very little chance to be successful in revoking the decision.

In this case, the visa applicant did just that.

Facts:

The guy is a Fijian citizen and came to Australia by the age of 3 (on 17 April 1988) (i.e been in Australia since he was very little).

His visa was cancelled once before and the decision was revoked on 21 February 2016.

In 2017, he committed another offence for shoplifting and possession of a knife in a public place and his visa was cancelled again (was issued a notice that the visa was cancelled).

Although he has been committing a lot of shoplifting offences (and in one occasion, a serious break and enter offence), apart from the break and enter charge).

He has a five month old daughter, a step-daughter, a niece and a nephew, his wife also has a daughter. Consideration to the best interest of the children is one of the reasons he was successful.

He appealed to the Tribunal for revocation of the cancellation.

Technical stuff

Subsection 501CA(4) provides that (emphasis added):

(4) The Minister may revoke the original decision if:

(a) the person makes representations in accordance with the invitation; and

(b) the Minister is satisfied:

(i) that the person passes the character test (as defined by section 501); or

(ii) that there is another reason why the original decision should be revoked.

Also consider the Ministerial Direction 65.

Result

He was successful in the appeal.

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