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

This matter concerned an application by the Applicant, Ali, to review the decision not to revoke the mandatory cancellation of his Class UK Subclass 820 Partner visa. The Applicant did not pass the character test, triggering the mandatory cancellation. The central dispute was whether there was "another reason" to revoke this cancellation, as required by the *Migration Act 1958* (Cth).

The Administrative Appeals Tribunal was required to determine the weight to be given to Ministerial Direction No. 79, specifically Primary Consideration A concerning the protection of the Australian community from harm. This involved assessing the nature and seriousness of the Applicant's conduct to date and the risk to the community should he reoffend. The Applicant's own submissions acknowledged the violent nature of his assault-based offences against a woman, categorising them as very serious and noting that his incarceration reflected this seriousness. The Tribunal also considered a contravention offence involving domestic violence, aggravated by the presence of the Applicant's son.

In its reasoning, the Tribunal referred to paragraph 13.1(1) of Ministerial Direction No. 79, which establishes that remaining in Australia is a privilege for non-citizens who are law-abiding and respect important institutions. The Tribunal noted the Applicant's concessions regarding the seriousness of his domestic violence offences. However, the Tribunal ultimately found that it could not exercise the discretion to revoke the cancellation of the Applicant's visa.

The decision under review was affirmed.