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

This matter concerned an appeal by the applicant, Anyang, against a decision to affirm the mandatory cancellation of his Class XB Subclass 202 Global Special Humanitarian visa. The applicant had a substantial criminal record, including convictions for armed robbery and domestic violence, which triggered the mandatory cancellation under section 501(3A) of the Migration Act 1958 (Cth). The appeal was heard by Deputy Britten-Jones P.

The primary legal issue before the court was whether there was "another reason" to revoke the mandatory visa cancellation decision, as contemplated by section 501CA(4)(b)(ii) of the Migration Act. This required an assessment of the applicant's representations against the factors for and against revocation, considering both past conduct and potential future behaviour. The applicant could not rely on passing the character test under section 501CA(4)(b)(i) due to his substantial criminal record.

The court considered the primary considerations outlined in Direction 90, specifically the protection of the Australian community and the expectations of the community, alongside countervailing considerations. The applicant's history of serious offending, including domestic violence, was weighed against factors such as his difficult childhood, mental health issues, and family ties in Australia. Ultimately, the court found that the primary considerations of community protection and expectations outweighed the countervailing factors, leading to the affirmation of the visa cancellation.