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

This matter concerned an application by Imad Barghachoun for review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to cancel his Class BF Transitional (permanent) visa under section 501(3A) of the *Migration Act 1958* (Cth) on character grounds, due to his substantial criminal record. The Administrative Appeals Tribunal was required to determine whether the discretion to revoke the visa cancellation under section 501CA(4) of the Act should be exercised.

The primary legal issue before the Tribunal was whether there was "another reason" within the meaning of section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth) to revoke the mandatory cancellation of Mr Barghachoun's visa. This required the Tribunal to consider Ministerial Direction No. 90, which sets out the framework for exercising this discretion, and to weigh the relevant factors in determining whether to revoke the cancellation.

The Tribunal's reasoning focused on the application of Ministerial Direction No. 90. It found that while the applicant had presented certain personal circumstances, including his family ties in Australia and his stated inability to return to Lebanon, these factors did not constitute "another reason" sufficient to revoke the cancellation. The Tribunal concluded that the proper application of the Direction favoured not exercising the discretion to revoke the cancellation.

Consequently, the Tribunal affirmed the decision to cancel Mr Barghachoun's visa.