Reviewing a visa cancellation on character grounds
The Applicant came to Australia and was granted a subclass 444 . His visa was cancelled on the ground that he failed the character test because of his substantial criminal record in Australia as well as his past and present criminal conduct.
This case was special as it provided for the applicant, a number of strong evidence for rehabilitation and recent good conduct. This includes written and oral evidences from supervisors of the NSW Department of Corrective Services who went well out of their way to praise the applicant’s work, demeanor and progress.
This case was also supported by evidence given by clinical psychologist who said that incarceration had actually been good for him as it gave him the opportunity for long-term sobriety and he had made full use of the rehabilitative opportunities presented to him in an effective way. The clinical psychologist also added that the applicant has developed self-control which is a primary factor in reducing the likelihood that he will re-offend.
The tribunal decided that with the exceptional progress in rehabilitation, it made it unnecessary to cancel the applicant’s visa in order to protect the public.
The decision was therefore remitted on the basis that discretion be exercised in the favour of not cancelling the applicant’s visa.
Related Link: AAT Decision