Archer and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application by a United Kingdom citizen, who held a Class BF Transitional (Permanent) visa, for the mandatory cancellation of her visa under the *Migration Act* to be revoked. The visa had been cancelled due to the applicant having a substantial criminal record, specifically for the offence of assisting an offender. The delegate of the Minister had decided not to revoke the mandatory cancellation. The applicant sought review of this decision before the Tribunal.

The legal issues before the Tribunal were whether there was "another reason" under s 501CA(4)(b)(ii) of the *Migration Act* to revoke the mandatory cancellation of the applicant's visa, and in considering this, what weight should be given to the various considerations outlined in the ministerial direction. These considerations included the protection of the Australian community from criminal or other serious conduct, the nature and seriousness of the applicant's conduct, the best interests of minor children in Australia, the expectations of the Australian community, the extent of impediments to removal to the UK, and the applicant's links to the Australian community, age, and health.

The Tribunal reasoned that while the applicant's offence of assisting an offender was serious, and involved assisting a murderer to escape apprehension or prosecution, it was crucial to distinguish this from directly assisting in the murder itself, a point which had been incorrectly asserted by the Minister. The Tribunal considered the applicant's extensive links to Australia, having lived there for most of her life since childhood, her family ties, and the significant impact removal would have on her. It also took into account the best interests of her minor grandchildren in Australia. Despite the seriousness of the offence and the victim's family's statements, the Tribunal found that the risk of reoffending was negligible and that the applicant had expressed remorse and a desire to live lawfully.

Ultimately, the Tribunal set aside the decision to cancel the applicant's visa and substituted a new decision that the visa not be revoked.