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

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs not to revoke the mandatory cancellation of the Applicant's Child (Migrant) visa. The Applicant did not dispute that he failed to pass the character test, meaning the sole issue before the Tribunal was whether there was "another reason" why the visa cancellation should be revoked under section 501CA(4) of the *Migration Act 1958* (Cth).

The Tribunal was required to determine whether the Applicant had established "another reason" to revoke the mandatory visa cancellation, considering the principles outlined in Ministerial Direction No. 90. This involved assessing various factors, including the nature and seriousness of the Applicant's offending conduct, the risk of reoffending, the protection of the Australian community, the best interests of minor children (though not explicitly detailed in the provided text, it is listed as a consideration), the expectations of the Australian community, the Applicant's ties to Australia, impediments to removal, and international non-refoulement obligations.

The Tribunal acknowledged the Applicant's extensive criminal history, which included numerous offences such as assault, drug trafficking, and family violence, noting that this conduct posed a serious risk to the Australian community and caused significant harm. However, the Tribunal also gave significant weight to the independent expert evidence of Dr. Carroll, who opined that the Applicant's best interests would be served by release into the community. The Tribunal considered that the Applicant's time in detention had not been beneficial and that continued indefinite detention could be detrimental to his mental health. Balancing these competing considerations, and noting the Applicant had served his time under the criminal justice system, the Tribunal concluded that the Applicant should be given an opportunity for rehabilitation within the community.

The Tribunal set aside the delegate's decision and substituted a new decision to revoke the mandatory cancellation of the Applicant's visa.