Case: Sales v Minister for Immigration &amp; Multicultural Affairs [2006] FCA 1807
Outcome: applied
In Sales v Minister for Immigration &amp; Multicultural Affairs [2006] FCA 1807 this Direction was described as " a comprehensive and careful document ". Allsop J there observed: [14] The direction is a comprehensive and careful document of 11 pages. It makes clear in the preamble that the exercise of the discretion whether or not to cancel the visas will take into account a wide range of factors including the protection and the expectations of the Australian community, the nature of the crimes committed, the non-citizen's links to Australia and any relevant international law obligations of Australia. The preamble went on to say that the purpose of refusing or cancelling a visa under s 501 is to protect the safety and welfare of the Australian community and to exercise a choice on behalf of the Australian community as a whole as to who should be allowed to enter or remain in the community. The task to prepare material for a consideration of such matters, objectively understood, is wide-reaching and significant. Given the terms of s 499(2A) , it was Direction No 21 which properly provided the structure for the Tribunal's reasons and its consideration of the evidence. 24 Relevantly, Direction No 21 provides as follows: 2.1 If a non-citizen does not pass the Character Test, decision-makers must have regard to the following considerations when exercising the discretion to decide whether or not the non-citizen should be permitted to enter or remain in Australia. ... 2.3 In making a decision whether to refuse or cancel a visa, there are three primary considerations: (a) the protection of the Australian community, and members of the community; (b) the expectations of the Australian community; and (c) in all cases involving a parental or other close relationship between a child or children and the person under consideration, the best interests of the child or children. ... 2.5 The factors relevant to an assessment of the level of risk to the community of the entry or continued stay of a non-citizen include: ... (c) whether visa refusal or cancellation may prevent or discourage similar conduct (general deterrence). ... 2.6 It is the Government's view that the following are examples of offences which are considered by the Government to be very serious: ... (f) ... assault or any other form of violence against persons; ... (l) serious theft (including "white collar" crimes): &#8226; such crimes are of concern because of the amounts of money involved and/or the disruption caused to individuals, business and Government ... ... 2.11 General deterrence aims to deter other people from committing the same or a similar offence. While not a conclusive factor in itself, general deterrence is an important factor in determining whether to refuse or cancel a visa. The general deterrence factor may be relevant in a number of ways: (a) the nature of the offence may be such that visa refusal or cancellation may deter others from committing similar offences ... ... The Tribunal in the present proceeding addressed, as it was required to do, those matters set forth in Direction No 21 . 25 Consistent with the Direction , the Tribunal addressed the three " primary " considerations set out in Direction No 21 , being: &#8226; the protection of the Australian community, and members of the community; &#8226; the expectations of the Australian community; and &#8226; the best interests of the child.