The tribunal applied a substantial and lengthy assessment of multiple points to help it reach its conclusion to reverse the decision to cancel Toroa’s visa. The tribunal heard how he had managed to remain free of drugs in prison, how he had completed a number of courses designed to help him and that he’d held privileged and trusted employment positions, such as the prison’s head librarian. I’m not about to do something that got me in trouble again.” He said in evidence the years of offending leading up to his prison sentence had been an eye-opener and had taught him a lot of things, mainly that “it’s not worth it”. Toroa then sought to revoke the decision, but it was declined, which led to the application to the tribunal for a review. Toroa’s visa was cancelled in May 2020 on the basis he failed to pass the character test, which was applied to those sentenced to prison for 12 months or more.Īustralian authorities said a primary consideration in deciding whether to revoke the refusal or cancellation of a non-citizen’s visa included protection of the Australian community from criminal or other serious conduct, the strength, nature and duration of ties to Australia, the best interests of minor children in Australia and expectations of the Australian community. Toroa claimed to have quit meth “cold turkey” in late 2017 and then cannabis in 2019 prior to going into custody.
He was also offering to sell drugs to children, including the son of a family friend. The following year he was convicted on multiple charges of dealing methamphetamine and other prohibited drugs, for which he served time in prison before he was fined last year on an assault charge. In May 2018 he was fined in the Kalgoorlie Magistrates Court for a series of offences including possession of a prohibited weapon, possession of drug paraphernalia and stolen property, and destruction of property. Toroa’s criminal offending started in 2002 with a one-off incident considered minor. It contributed to the breakdown of his relationship with his son’s mother and by 2017 it had impacted his performance at work to the point he quit his job and went into financial hardship.
He started using cannabis and methamphetamine recreationally when he was 19, a habit he kept to himself.īy 2016, he was using meth twice daily and it had become “more than just a bad habit”. Seven months later he was granted a temporary visa. The 43-year-old arrived in Australia in March 1990, aged 10. “I’ve already broken their hearts and to cancel my visa would just destroy them beyond words,” Toroa said in his determined bid to stay.
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