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

This matter concerned an application for review of a decision to refuse to revoke the mandatory cancellation of the Applicant's Class XB Subclass 200-Refugee Visa. The Applicant did not pass the character test due to having a substantial criminal record. The review was heard by Judicial Registrar Rau SM.

The primary legal issue before the Court was whether the discretion to refuse to grant the visa should be exercised, specifically considering the Applicant's substantial criminal record and the application of Ministerial Direction No. 90. The Court was required to determine if there was "another reason" pursuant to section 501CA(4)(b)(ii) of the Migration Act 1958 (Cth) to revoke the original decision to cancel the visa.

The Court's reasoning focused on Primary Consideration 1 of Ministerial Direction No. 90, which mandates consideration of the protection of the Australian community from harm. The Court noted that the Applicant's offending commenced shortly after his arrival in Australia and continued until his final incarceration in 2019, with serious convictions for family violence. The Court found that the Applicant's conduct, including violence, abuse, and threats to kill, was extremely serious and demonstrated a disregard for the law and the feelings of others. Applying the principles from *Plaintiff M1/2021 v Minister for Home Affairs* [2022] HCA 17, the Court concluded that the proper application of the Direction favoured not exercising the discretion to revoke the cancellation of the Applicant's visa, and that there was no "another reason" to do so.

The decision under review was affirmed.