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

The applicant, CJDM, sought judicial review of the Minister for Immigration, Citizenship and Multicultural Affairs' decision not to revoke the mandatory cancellation of his visa. The matter was heard by Deputy President B W Rayment Oam Kc.

The central legal issue before the court was whether the Minister's decision to refuse to revoke the mandatory visa cancellation was correct or preferable, considering all relevant factors. This involved assessing the weight to be given to various considerations, including those favouring revocation and those favouring non-revocation, in accordance with the principles established in migration law.

The Deputy President reasoned that humanitarian considerations, as discussed in *Hands v Minister for Immigration and Border Protection* [2018] FCAFC 225, were a relevant factor to be borne in mind. In balancing the competing considerations, the Deputy President found that the applicant's ties to the Australian community, his relationship with his son, and the potential to salvage his relationship with his former partner, coupled with humanitarian considerations, outweighed the factors favouring non-revocation. Consequently, the Deputy President determined that the correct or preferable decision was to revoke the cancellation of the applicant's visa.

The decision under review was set aside and substituted with a decision that the cancellation of the applicant's visa be revoked under s 501CA(4)(b)(ii) of the *Migration Act 1958*.