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

This matter concerned an application for review by Mr Blake of a delegate's decision not to revoke the mandatory cancellation of his visa under s 501(3A) of the *Migration Act 1958* (Cth). Mr Blake, a New Zealand citizen, had his visa cancelled on 27 July 2020 due to failing the character test. He subsequently requested revocation of this decision, providing additional information. The delegate refused to revoke the cancellation on 23 May 2023, leading to Mr Blake's application for review by the Tribunal. The Tribunal was required to consider the primary and other relevant considerations outlined in Ministerial Direction No. 99, including the protection of the Australian community, the seriousness of Mr Blake's conduct, his rehabilitation, his ties to Australia, and the impact on his Australian citizen children.

The Tribunal was tasked with determining whether the delegate's decision not to revoke the visa cancellation was correct. This involved assessing the weight to be given to various factors, particularly in light of Mr Blake's serious criminal conduct, which included family violence and drug offences, and balancing these against his rehabilitation, his strong family and social ties to Australia, and the significant legal consequences of the decision for him and his family. The Tribunal had to consider whether there was "another reason" to revoke the original decision, as contemplated by the Direction.

In its reasoning, the Tribunal acknowledged Mr Blake's serious criminal conduct, including a violent incident involving a firearm directed at his former partner and her new partner, and his history of drug and driving offences. However, it also considered his long-standing ties to Australia, including his Australian citizen children, his past contributions to the community, and the fact that his more serious offending occurred many years ago. The Tribunal found that while the adverse character assessment weighed against revocation, its weight was reduced by other considerations. Crucially, the Tribunal noted the significant legal consequence that a failure to revoke the cancellation would likely result in Mr Blake being permanently precluded from re-entering Australia, thereby preventing physical contact with his immediate family. This impact on his family was considered a significant factor weighing in favour of revocation, though not as heavily as the primary considerations.

Ultimately, the Tribunal set aside the delegate's decision not to revoke the original visa cancellation and substituted a decision to revoke the cancellation. The Tribunal found that, on balance, the specific facts of Mr Blake's case, particularly the permanent preclusion from physical contact with his family in Australia, constituted "another reason" to revoke the original decision.