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

This matter concerned an application by Mr Chand for the non-revocation of a mandatory cancellation of his Class TY 444 Special (Temporary) visa. The cancellation had been triggered by Mr Chand failing to pass the character test. The central dispute revolved around whether there was "another reason" to revoke the mandatory cancellation decision, considering Mr Chand's criminal conduct and the potential risk he posed to the Australian community. The case was heard by Theodore Tavoularis SM.

The court was required to determine whether, in light of Ministerial Direction No. 90, there were sufficient countervailing considerations to justify revoking the mandatory cancellation of Mr Chand's visa. This involved assessing the nature and seriousness of his past conduct, the risk of future offending, and the primary and other considerations outlined in the Direction, including the protection of the Australian community, the best interests of minor children, and the expectations of the Australian community. The court also had to consider evidence of rehabilitation and Mr Chand's expressed remorse and motivation to desist from further criminal activity.

The court reasoned that while Mr Chand's conduct was serious, and the potential harm to the community if he reoffended was significant, there were mitigating factors. These included Mr Chand's expressed remorse, his engagement in rehabilitation programs while in custody, the support of his family, and his stated intention to seek further counselling and abstain from drug use. The court applied the principles of Ministerial Direction No. 90, weighing the seriousness of the offending against the evidence of rehabilitation and the positive steps Mr Chand had taken to address his past behaviour and reduce his recidivist risk.

Ultimately, the court found that there was another reason to revoke the mandatory cancellation of Mr Chand's visa. The decision under review was set aside and substituted with a decision to revoke the mandatory cancellation.