The Administrative Review Tribunal of Australia has overturned a decision to cancel the visa of a Fijian-born man, despite his admitted involvement with the Comancheros Outlaw Motorcycle Gang (OMCG).
The Tribunal ruled on September 2 that the cancellation of Sidarth Datt’s visa be revoked, a decision that was made on June 11, 2025, by the Department of Home Affairs.
Datt, 25, who migrated to Australia at the age of eight, was facing deportation after the Minister for Immigration determined he failed the character test under Section 501(2) of the Migration Act 1958.
Authorities cited his membership in the Comancheros gang from around January 2022 as grounds for the visa cancellation.
Mr Datt, currently held in immigration detention, admitted to his past gang membership but argued for a second chance.
During a hearing held on 21 August 2025, the Tribunal heard testimony from his employer and sister, both of whom vouched for his character and personal development.
In its findings, the Tribunal acknowledged the serious nature of Mr Datt’s past associations but highlighted several mitigating factors that tipped the balance in his favour.
These included strong family ties to Australia, particularly his mother and younger sister, with whom he has lived since childhood, significant emotional hardship he would face if separated from his family, as there is no evidence his family would relocate to Fiji and lack of recent contact or familiarity with family or support structures in Fiji, having lived in Australia for 17 years
The Tribunal found that while protecting the Australian community remained a key consideration, Mr Datt’s connection to Australia and the potential consequences of deportation outweighed the risks.
“There is no evidence to suggest his family would relocate to Fiji with him. The Tribunal accepts that this would have a negative impact on the applicant,” the decision reads.
As a result of the ruling, Mr Datt will no longer be deported and is expected to be released from immigration detention, allowing him to remain in Australia with his family.
