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

This matter concerned an application for review by an applicant, a citizen of Iran, whose Bridging (General) visa (Class WE, subclass 050) was mandatorily cancelled under section 501(3A) of the *Migration Act 1958* (Cth). The cancellation was based on the applicant failing to pass the character test due to having a substantial criminal record, stemming from convictions for indecent assault of a minor. The applicant sought revocation of this decision, arguing there was "another reason" to do so. The case was heard by Linda Kirk SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory visa cancellation decision, as contemplated by section 501CA(4)(b)(ii) of the Act. This required the Tribunal to consider the relevant "primary considerations" and "other considerations" as outlined in Ministerial Direction 90. Specifically, the Tribunal had to assess the nature and seriousness of the applicant's conduct, the risk to the Australian community, and any other factors that might warrant revocation.

The Tribunal reasoned that while the applicant's sexual offences against a child were serious and viewed very seriously by the Australian community, as per Ministerial Direction 90, the assessment of "another reason" required a broader consideration of all relevant factors. The Tribunal noted the applicant's history of discrimination and persecution in Iran, his ties to the Australian community, and the best interests of his minor child, who was an Australian citizen. Weighing these factors against the seriousness of the offending, the Tribunal found that there was indeed another reason to revoke the mandatory visa cancellation decision.

Consequently, the Tribunal set aside the delegate's decision not to revoke the mandatory visa cancellation and substituted a new decision revoking the cancellation. The applicant's visa was therefore not cancelled on character grounds.