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

This matter concerned an application for review of a decision not to revoke the mandatory cancellation of the Applicant's Class BF transitional visa. The Applicant failed the character test due to a substantial criminal record, specifically a sentence of imprisonment of 12 months or more. The Tribunal was required to consider whether there was "another reason" to revoke the mandatory cancellation decision, having regard to Ministerial Direction No. 99.

The legal issues before the Tribunal were whether the Applicant's circumstances presented "another reason" to revoke the mandatory cancellation of his visa, and if so, what weight should be given to various considerations under Ministerial Direction No. 99. This involved assessing the primary consideration of protecting the Australian community against other relevant factors, such as the Applicant's ties to Australia, the impact of removal, and any impediments to his removal.

The Tribunal reasoned that while the Applicant clearly failed the character test due to his criminal history, the Direction required a holistic assessment. The Applicant provided evidence of his struggles with alcohol and drug abuse, which he identified as the root cause of his offending. He was currently on a methadone program and had recently passed a drug test, indicating efforts towards rehabilitation. The Tribunal considered the Applicant's ties to minor children, his links to the Australian community, and potential impediments to his removal. Ultimately, the Tribunal found that these factors, when weighed against the seriousness of his past conduct, constituted "another reason" to revoke the mandatory cancellation.

The Tribunal set aside the decision not to revoke the mandatory cancellation and substituted a decision to revoke the cancellation.