How to revoke a mandatory visa cancellation decision.
Under certain circumstances, visas MUST be cancelled. For example, if you are sentenced to over 12 months imprisonment, your visa must be cancelled. There is no discretion but you may apply for this decision to be revoked.
In the case of Pizarro and Minister for Home Affairs (Migration)  AATA 3517 (18 September 2018), the Applicant had a long history of offences in relation to drug and alcohol use, theft, assault, reckless injury, and a series of contravention of family violence intervention orders (IVO).
The Tribunal Member concluded that:
In light of all of these circumstances, I have decided that the risk of harm that faces members of the Australian community, and particularly SP and children, is outweighed by the consequences for Mr Pizarro if he is required to leave the country that in which he was accepted as a very young baby and in which he has grown up, been educated, worked and lived his whole life bar six months or so. Therefore, I set aside the decision of a delegate of the Minister dated 27 June 2018 and substitute a decision that the decision dated 21 February 2017 cancelling Mr Pizarro’s visa under s 501(3A ) of the Migration Act is revoked.
The positive factors that assisted in his case were:
Best Interests of his Minor Children even if he did not maintain contact due to the IVOs as they should not be deprived of the opportunity to see him should they reach the age to make their own decision
The nature of his violence after 2009 were mainly restricted to the breach of the IVO and were mainly because he wanted to send presents to his children
A serious consideration was that he came to Australia as a baby and is “A person who has been formed and shaped by this community”. Expectations of the majority of the Australian community is that he ‘should remain part of it for all of his and its imperfections and should be supporting in his efforts.’
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