Allan and Minister for Immigration and Border Protection (Migration)

This matter concerned an appeal by Mr Allan against the mandatory cancellation of his visa. Mr Allan had a substantial criminal record, including convictions in both New Zealand and Australia, and therefore failed the character test. The central question before the Tribunal was whether there was "another reason" why the cancellation of his visa should be revoked, as contemplated by section 501CA(4) of the *Migration Act 1958* (Cth).

The Tribunal was required to consider various factors outlined in Ministerial Direction No. 65, including the strength, nature, and duration of Mr Allan's ties to Australia, the impact of his removal on his Australian citizen wife and infant son, and the impediments he might face if removed to New Zealand. The Tribunal also had regard to Mr Allan's history of drug and alcohol abuse and his prospects of rehabilitation.

In its reasoning, the Tribunal acknowledged Mr Allan's significant criminal history, including offences committed shortly after his arrival in Australia and continuing until 2013. It also noted the seriousness of some of these offences, such as assault occasioning actual bodily harm. However, the Tribunal found that Mr Allan had taken substantial steps towards rehabilitation, including ceasing drug use and securing stable employment. Crucially, the Tribunal was satisfied that Mr Allan had the strong support of his family, including his wife and young son, and that these factors, considered as a whole, weighed in favour of revoking the visa cancellation.

Ultimately, the Tribunal set aside the decision to cancel Mr Allan's visa and, in substitution, decided to revoke the cancellation. The Tribunal was satisfied that, despite his past offending, Mr Allan had demonstrated a genuine commitment to not reoffending and that the Australian community would be prepared to give him a final chance.