Adam and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to revoke the mandatory cancellation of Mr Adam's visa. Mr Adam, a citizen of Sudan, held a Class BC subclass 100 spouse visa, which was cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to his substantial criminal record. He subsequently made representations to the Department, which were considered by a delegate of the Minister. The delegate decided not to revoke the cancellation, leading Mr Adam to seek review by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" why the original decision to cancel Mr Adam's visa should be revoked, as contemplated by section 501CA(4)(b)(ii) of the Act. In determining this, the Tribunal was required to consider Ministerial Direction No. 99, which outlines the factors to be taken into account, including primary considerations such as the best interests of minor children in Australia, and other considerations such as serious offending and family violence offending. The Tribunal also had to assess the legal consequences of the decision, Mr Adam's ties to Australia, and any impediments to his removal from Australia.

The Tribunal found that Mr Adam did not pass the character test due to his substantial criminal record, having been sentenced to 42 months imprisonment for offences including attempted aggravated carjacking, destroying property, and possessing an imitation firearm contrary to a firearm prohibition order. He was serving a full-time sentence at the time of the visa cancellation. The Tribunal considered Mr Adam's submissions regarding his fear of returning to Sudan due to threats from Janjaweed rebels, his lack of connections in Sudan, and the impact on his children. However, the Tribunal concluded that the discretion to revoke the mandatory cancellation was not enlivened.

Consequently, the Tribunal affirmed the decision of the Minister's delegate not to revoke the mandatory cancellation of Mr Adam's visa.