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

The Administrative Appeals Tribunal (AAT) considered the mandatory cancellation of a visa held by the applicant, a citizen of the People's Republic of China. The cancellation was based on the applicant having a substantial criminal record, stemming from a single incident of violent crime. The applicant had no other criminal history. The AAT was asked to determine whether there was 'another reason' to revoke the mandatory cancellation decision, taking into account significant medical evidence of the applicant's mental health conditions.

The central legal issue before the Tribunal was the application of the relevant ministerial direction concerning mandatory visa cancellations. This required the Tribunal to assess the weight to be given to primary considerations and other considerations in determining whether to revoke the cancellation. Specifically, the Tribunal had to weigh the seriousness of the offending conduct against the applicant's personal circumstances, including their mental health, in deciding if there were sufficient grounds to set aside the mandatory cancellation.

The Tribunal found that the applicant's mental health conditions, supported by substantial medical evidence, constituted a significant factor that warranted consideration as 'another reason' to revoke the mandatory cancellation. The Tribunal applied the principles of the ministerial direction, giving appropriate weight to the primary considerations (the criminal offending) and other considerations (the mental health issues). Ultimately, the Tribunal concluded that the applicant's circumstances, particularly their mental health, provided a sufficient basis to set aside the original decision. The Tribunal set aside the decision to cancel the applicant's visa and substituted a new decision to revoke the mandatory cancellation.