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

This matter concerned an application by the applicant, a citizen of the Republic of India, for review of the mandatory cancellation of her Class BS Subclass 801 Partner visa. The applicant conceded that she did not satisfy the statutory character test. The review was conducted by D. J. Morris SM.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation of the applicant's visa, as contemplated by section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth). This required the Tribunal to consider the relevant considerations outlined in Ministerial Direction No. 90, including the protection of the Australian community, the best interests of minor children in Australia, and the expectations of the Australian community, as well as other relevant factors.

The Tribunal's reasoning focused on the nature and seriousness of the applicant's conduct, which involved culpable driving causing death and driving with a blood alcohol concentration exceeding the prescribed limit. The applicant had been driving at approximately 115 km/h in a 70 km/h zone with a BAC of .159, resulting in a fatal collision with another vehicle. Despite the seriousness of the offences, the Tribunal noted the sentencing judge's observations regarding the applicant's guilty plea, the low risk of re-offending, and the potential for rehabilitation. The Tribunal also considered the impact of removal on the applicant's minor children in Australia and other impediments to her removal.

Ultimately, the Tribunal found that there was another reason to revoke the mandatory cancellation of the applicant's visa. Accordingly, the Tribunal set aside the delegate's decision and substituted a decision that the visa cancellation be revoked.