Chen and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application by Mr. Chen, a Chinese citizen, for the revocation of the mandatory cancellation of his Australian visa. The dispute arose after Mr. Chen committed serious sexual offences. The decision was heard by N A Manetta SM of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the visa cancellation decision, notwithstanding that the primary considerations under Direction 90 favoured affirming the cancellation. The Tribunal was required to consider Mr. Chen's personal circumstances, including his long period of residence in Australia, his marriage, and the presence of his elderly, dependent mother, in determining whether these factors constituted an "another reason" sufficient to warrant revocation.

The Tribunal approached the matter de novo, meaning it was required to make its own findings of fact and weigh the considerations under Direction 90 afresh. The Tribunal found that while the primary considerations favoured affirming the cancellation, Mr. Chen's 32 years of residence in Australia, his wife's dependence on him for support, and his elderly mother's reliance on his wife for care constituted "another reason" for revoking the cancellation. The Tribunal concluded that, on balance, these factors favoured revocation.

Accordingly, the Tribunal set aside the decision under review and substituted a decision that Mr. Chen's visa cancellation be revoked.