Chen and Minister for Home Affairs (Migration)

This matter concerned an application by Mr Chen (the applicant) to the Administrative Appeals Tribunal (the Tribunal) for review of the Minister for Home Affairs' decision to refuse to revoke the mandatory cancellation of his visa. The applicant's visa had been cancelled under section 501 of the Migration Act 1958 (Cth) due to his substantial criminal record, specifically a conviction for supplying a prohibited drug in a commercial quantity. The central dispute was whether there was "another reason" why the original decision to cancel his visa should be revoked, as contemplated by section 501CA(4)(b)(ii) of the Act.

The Tribunal was required to determine whether the applicant had established "another reason" to revoke the mandatory visa cancellation. In doing so, it had to consider the relevant considerations outlined in Part C of Direction No. 65, which included the protection of the Australian community, the best interests of minor children, and the expectations of the Australian community. The Tribunal also had to give appropriate weight to information from independent and authoritative sources, with primary considerations generally carrying greater weight than other considerations.

The Tribunal reasoned that while the applicant's offence of supplying a commercial quantity of pseudoephedrine was serious, it was not violent or sexual in nature. It noted that the applicant had only one conviction in Australia and that the offence involved a precursor drug rather than methylamphetamine itself. The Tribunal considered the applicant's personal circumstances, including his history of visa breaches and his delay in applying for a protection visa. Ultimately, the Tribunal found that the applicant had not established "another reason" to revoke the mandatory visa cancellation.

The Tribunal affirmed the original decision not to revoke the mandatory visa cancellation.