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

The applicant, Anae, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to revoke the mandatory cancellation of his visa. The dispute centred on whether there was "another reason" to revoke the cancellation under section 501CA(4) of the Migration Act 1958 (Cth), given that the applicant did not pass the character test. The matter was heard by the Hon. John Pascoe AC CVO, Deputy President.

The court was required to determine if the applicant had established "another reason" for the mandatory cancellation of his visa to be revoked. This involved considering various factors outlined in Ministerial Direction No. 79, including the nature and seriousness of the applicant's offending conduct, the risk of reoffending, the protection of the Australian community, the best interests of minor children, community expectations, the applicant's ties to Australia, international non-refoulement obligations, business interests, impediments to removal, and the impact on victims.

The Deputy President found that the applicant's offending conduct, which included multiple acts of violence, some of which resulted in serious injury and lifelong cognitive impairment for the victim, weighed heavily against revocation. The applicant's history of binge drinking and the risk of reoffending if he continued to drink were also significant concerns. However, the Deputy President gave very heavy weight to the best interests of the applicant's minor children, who are Australian citizens. On balance, the Deputy President concluded that the factors favouring revocation, particularly the best interests of the children, slightly outweighed the factors against it.

Accordingly, the Deputy President set aside the delegate's decision not to revoke the visa cancellation and, in substitution, revoked the mandatory cancellation of the applicant's visa.