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

The applicant, Calvey, sought judicial review of the decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the mandatory cancellation of his Class TY Subclass 444 Special Category (Temporary) visa. The cancellation was based on the applicant failing to pass the character test. The Administrative Appeals Tribunal had previously affirmed this decision.

The primary legal issue before the Court was whether there was "another reason" to revoke the mandatory cancellation of the applicant's visa, as contemplated by section 5001(6)(a) of the *Migration Act 1958* (Cth). This required the Court to consider the application of Ministerial Direction No 79, which sets out the framework for considering such reasons.

The Court examined the factors relevant under Ministerial Direction No 79, including the applicant's character issues, the strength of his ties to Australia, and the best interests of any children involved. The Court found that the applicant had not demonstrated any compelling circumstances that would constitute "another reason" to revoke the mandatory cancellation. The seriousness of the character concerns outweighed any mitigating factors presented by the applicant.

Consequently, the Court affirmed the decision under review, meaning the mandatory cancellation of the applicant's visa remained in effect.