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

This matter concerned an application by Mr Ali against the Minister for Immigration, Citizenship and Multicultural Affairs regarding the mandatory cancellation of his visa. The dispute arose because Mr Ali did not satisfy the character test due to a past conviction for sexual assault. The court was required to determine whether there was another reason for the cancellation decision to be revoked, considering the factors outlined in Direction 99.

The legal issues before the court were whether the circumstances of Mr Ali's offending, including past family violence and sexual assault, were outweighed by other considerations that would justify revoking the visa cancellation. Specifically, the court had to assess the strength, nature, and duration of Mr Ali's ties to Australia, the best interests of his minor children, and his potential to make a meaningful financial contribution to his family if permitted to work in Australia, while also considering the risk of reoffending.

The court reasoned that while Mr Ali's offending was serious, the risk of reoffending was low, though not nil. Significant weight was given to Mr Ali's strong ties to Australia, including his wife and three minor children, whose circumstances were described as straitened. The court found that Mr Ali's return to Australia would allow him to make a more substantial financial contribution to his family, which would significantly benefit his children. The court also considered the deterrent effect of potential further consequences, including jail and deportation, on Mr Ali's future conduct. Ultimately, the court concluded that on balance, the factors favouring revocation of the cancellation decision were sufficient to constitute "another reason" under section 501CA(4)(b)(ii) of the Migration Act 1958 (Cth).

The court set aside the decision under review and substituted a decision that the cancellation of Mr Ali's visa be revoked.