Nearly 200 Character-Based Visa Cancellations Overturned by Tribunal: Inquiry

Nearly 200 migrants have won the right to remain in Australia after the government tried to cancel their visas, a Senate estimates hearing has been told.

The Department of Home Affairs lost 196 visa cancellation cases on character grounds before the Administrative Review Tribunal in the current financial year to March 31, officials told the Senate Legal and Constitutional Affairs Legislation Committee on May 27.

Michael Thomas, deputy secretary of immigration compliance, said the department had prevailed in 264 similar matters in the same period.

In 2024–25, the department recorded 247 wins and 128 losses before the tribunal.

The figures emerged during questioning by Shadow Home Affairs Minister Jonathon Duniam, who cited media reports that at least 73 migrants, including some with multiple serious criminal convictions, had successfully overturned visa cancellations in the past six months.

Asked whether that figure was accurate, Head of Immigration Clare Sharp said the number did not surprise her given the volume of cases where the tribunal disagreed with departmental decisions.

Officials also confirmed the department monitors cases that proceed into judicial review.

Peter Frank, assistant secretary of migration and citizenship litigation, said 142 court challenges had been lodged between May 2024 and the end of March, involving ministerial decisions to overturn tribunal outcomes.

How Visa Applicants Are Screened

Duniam also questioned officials about the character screening process used to assess visa applications.

Officials explained that applications go through multiple layers of assessment, including checks against a movement alert list containing identities and documents of concern.

She said the department also uses an “entity matching system” that compares information provided in visa applications, including addresses, phone numbers, and email addresses, against a database of about 3.4 million records.

“There’s about 3.4 million entity details that are matched, again and again,” Sharp said.

The matches do not automatically determine whether a visa is granted or refused but help decision-makers identify possible warning signs or unusual links between applicants.

Sharp said the department also uses a system called Safeguards, which contains about 1,000 rule-based alerts, along with 43 predictive analytic models known as a “risk scoring service.”

She said information shared overseas governments and agencies is also used to update risk alerts.

High-Profile Cases

Duniam questioned how controversial figures, including streamer Sneako and Islamic preacher Shaykh Abdullah, were able to enter Australia despite the screening systems, only for their visas to be cancelled later.

“It won’t surprise you when I say we can’t comment on the individual case, but we can talk about how, yes, in more general terms,” replied Sharp.

Department Secretary Stephanie Foster said visa applicants are subjected to character checks, but action depends on whether warning indicators are triggered in the system.

“If none of those flags are triggered, then it’s possible for the visa to be granted. If subsequently new information is brought to our attention that didn’t trip one of those safeguards or systems, then we will take action,” Foster said.