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

The Administrative Appeals Tribunal considered the case of *Chapagai and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)*. The dispute concerned the mandatory cancellation of the applicant's visa due to failure to pass the character test. The applicant sought revocation of this cancellation, arguing there was another reason why it should be set aside.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory visa cancellation, as contemplated by the relevant legislative provisions and Ministerial Direction 90. This required the Tribunal to undertake a comprehensive assessment of various factors, including the protection of the Australian community, the nature and seriousness of the offending conduct, the risk of reoffending, community expectations, impediments to removal, and the strength, nature, and duration of the applicant's ties to Australia.

The Tribunal's reasoning emphasised the importance of a genuine weighing exercise between the primary and "other" considerations outlined in Ministerial Direction 90. Drawing on established case law, including *Suleiman v Minister for Immigration and Border Protection*, the Tribunal affirmed that while primary considerations generally carry more weight, "other" considerations are not automatically secondary. In appropriate circumstances, an "other" consideration may be given equal or even greater weight than a primary consideration, provided this is justified by the specific facts of the case. The Tribunal found that the applicant's offending conduct weighed against revocation, but this was a moderate consideration.

The Tribunal ultimately set aside the decision to cancel the applicant's visa and substituted a decision to revoke the cancellation.