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

This matter concerned the mandatory cancellation of the Applicant's visa under subsection 501(3A) of the *Migration Act 1958* (Cth) due to the Applicant failing to pass the character test. The Applicant sought a review of the delegate's decision not to revoke this cancellation. The central dispute before the Tribunal was whether there was "another reason" to revoke the visa cancellation decision, as contemplated by subsection 501CA(4) of the Act.

The Tribunal was required to determine if the Applicant had established "another reason" to revoke the mandatory visa cancellation. This involved considering the principles outlined in Direction No. 90, which guides decision-makers in exercising the discretion to revoke such cancellations. The primary considerations under Direction No. 90 included the protection of the Australian community, the expectations of the Australian community, and other relevant factors such as impediments to removal and links to the Australian community.

The Tribunal reasoned that while the Applicant possessed a significant and serious criminal history, including domestic violence offences and breaches of apprehended violence orders, these were not the sole determinative factors. The Tribunal gave considerable weight to the Applicant's strong and long-standing ties to the Australian community, having arrived as a child and lived in Australia for most of his life. It also considered the Applicant's efforts to address his alcohol abuse and his supportive relationships within the community, particularly with a neighbour who offered him accommodation and support should he be released. The Tribunal found that these countervailing considerations, when weighed against the Applicant's conduct, constituted "another reason" to revoke the cancellation decision.

The Tribunal set aside the delegate's decision and substituted it with a decision to revoke the mandatory visa cancellation.