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

The Administrative Appeals Tribunal (AAT) considered the application of ATOO (the applicant) for the revocation of a mandatory cancellation of his visa. The applicant, who had fled Iraq as a refugee, had been convicted of multiple counts of family violence offences. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) had refused to revoke the mandatory cancellation.

The primary legal issue before the Tribunal was whether the applicant had demonstrated that there were compelling reasons to revoke the mandatory cancellation of his visa, notwithstanding the seriousness of his criminal conduct. This required the Tribunal to weigh the applicant's ties to the Australian community, including his responsibilities towards his minor children, against the need to protect the Australian community and uphold the character provisions of the *Migration Act 1958* (Cth).

Deputy President Rayment Oam Kc P found that while the family violence offences were serious, the applicant had established compelling reasons for the revocation of the visa cancellation. The Tribunal placed significant weight on the applicant's role as a parent to his minor children, who were Australian citizens and relied on him for financial and emotional support. The Tribunal also considered the applicant's efforts towards rehabilitation and his limited ties to Iraq. Consequently, the Tribunal set aside the delegate's decision and substituted a new decision revoking the mandatory cancellation of the applicant's visa.