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

The applicant, Mr. Batson, sought to have the mandatory cancellation of his Class VE subclass 176 visa (Skilled Sponsored) revoked. The dispute arose because Mr. Batson did not pass the character test, triggering the mandatory cancellation provisions under the *Migration Act 1958* (Cth). The matter was before the Administrative Appeals Tribunal for review.

The Tribunal was required to determine whether there was "another reason" to revoke the mandatory cancellation decision, considering the principles outlined in Ministerial Direction No. 90. This involved assessing the applicant's risk of recidivism, taking into account expert evidence, factors suggesting a low risk, and factors suggesting a real risk of re-offending. The Tribunal also had to consider the primary and other considerations stipulated in the Direction, including the protection of the Australian community, family violence, the best interests of minor children, community expectations, international non-refoulement obligations, impediments to removal, impact on victims, and links to the Australian community.

The Tribunal's reasoning centred on the application of Ministerial Direction No. 90. It considered the expert opinion of forensic psychologist Professor James Freeman, who assessed Mr. Batson's risk of recidivism. Professor Freeman identified Drug Induced Psychosis (in remission) and Methamphetamine Dependency (in partial remission) as relevant conditions, but found no evidence of psychopathy and noted that Mr. Batson's offending history was likely explained by his dependency and negative peer associations. Protective factors identified included Mr. Batson's release plans, such as residing with his brother, working as a bricklayer, engaging in further drug treatment, and continuing his relationship with his fiancée. Despite these factors, the Tribunal found that it could not exercise the discretion to revoke the mandatory cancellation.

The Tribunal affirmed the decision under review, meaning the mandatory cancellation of Mr. Batson's visa was not revoked.