The applicant came to Australia and was granted a subclass 444. The visa was cancelled on the ground they had failed the character test because of his substantial criminal record in Australia.

The case was special as it provided for the applicant, a number of strong evidence for rehabilitation and recent good conduct. This included written and oral evidences from supervisors of the NSW Department of Corrective Services who went out of there to praise the applicant’s work, demeanor and progress.

The case was also supported by evidence by a clinical psychologist who said reasons why the applicant had a criminal history due to unfortunate circumstances in the applicant’s personal life.

The tribunal decided with the exceptional progress of rehabilitation and reform, it made it unnecessary to cancel the applicant’s visa in order to protect the public.

The decision was accepted these reasons that discretion be exercised in favour of not cancelling the applicant’s visa.

Related link: AAT Decision