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

This matter concerned an application by BQNZ (the Applicant) seeking to challenge a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) to affirm the mandatory cancellation of his Class AZ Subclass 866 (Protection) visa. The Applicant did not pass the character test, and the central question was whether there was another reason to revoke the mandatory cancellation decision, particularly in light of Ministerial Direction No. 90. The case was heard by Rebecca Bellamy M.

The legal issues before the court were whether the Applicant's repeated domestic violence offending, including rape of a child victim, and his mental illness, constituted "another reason" to revoke the mandatory cancellation of his visa. The court was also required to consider Australia's international non-refoulement obligations in relation to the Applicant's potential return to Iraq, and the likelihood of prolonged or indeterminate immigration detention.

The court reasoned that while the Applicant had engaged in serious criminal conduct, including violent and sexual offences, and had a history of mental illness, these factors did not, in themselves, outweigh the mandatory cancellation of his visa under Ministerial Direction No. 90. The court found that the Applicant was unlikely to face persecution or breach Australia's non-refoulement obligations upon return to Iraq, despite acknowledging he would likely experience hardship. The court also considered the Applicant's potential for prolonged detention if his visa cancellation was not revoked, noting that his refusal to return voluntarily to Iraq could lead to indefinite detention. However, the court ultimately affirmed the decision to maintain the visa cancellation.