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

This matter concerned an application by Mr Tony Patrick Joseph Bates for the revocation of the mandatory cancellation of his Class BB, Subclass 155 Five Year Resident Return visa. Mr Bates, a citizen of the Republic of Ireland, failed the character test due to a sentence of imprisonment exceeding 12 months. The dispute before the Tribunal was whether there was "another reason" why the visa cancellation should be revoked, as required by section 501CA(4)(b) of the *Migration Act 1958* (Cth).

The Tribunal was required to determine whether the considerations advanced by Mr Bates constituted "another reason" sufficient to warrant the revocation of the visa cancellation. This involved assessing various factors, including the protection of the Australian community, the expectations of the Australian community, the strength, nature, and duration of Mr Bates' ties to Australia, and the extent of impediments he would face if removed from Australia. The Tribunal also considered Mr Bates' potential loss of sporting opportunities and his potential contribution to the Australian sporting community.

In its reasoning, the Tribunal applied the principles outlined in Direction No. 79, which distinguishes between "primary considerations" and "other considerations." Primary considerations, such as the protection of the Australian community and community expectations, were found to weigh firmly in favour of non-revocation. While Mr Bates' ties to Australia and the impediments to his removal were considered, they were afforded less weight. The loss of sporting opportunities and potential contributions were deemed to carry only slight weight in favour of revocation. Ultimately, the Tribunal concluded that the primary considerations favouring non-revocation outweighed the other considerations, meaning there was no "another reason" to revoke the visa cancellation.

The Tribunal affirmed the delegate's decision refusing to revoke the mandatory cancellation of Mr Bates' visa.