CLRJ and Minister for Home Affairs (Migration)

This matter concerned an application for review of the Minister for Home Affairs' decision to refuse to revoke the mandatory cancellation of the applicant's visa. The applicant's visa was cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to his substantial criminal record, as defined by section 501(7) of the Act. The applicant sought to have this cancellation revoked, initiating the review process before the Tribunal.

The primary legal issues before the Tribunal were whether the discretion to revoke the mandatory visa cancellation under section 501CA of the Act should be exercised in the applicant's favour. This required the Tribunal to consider the relevant considerations outlined in Ministerial Direction No. 79, including the risk of re-offending, the protection and expectations of the Australian community, the best interests of minor children, the strength, nature, and duration of the applicant's ties to Australia, and any impediments the applicant would face if removed from Australia.

In reaching its decision, the Tribunal applied the principles established in cases such as *Suleiman v Minister for Immigration and Border Protection* and *HZCP v Minister for Immigration and Border Protection*. The Tribunal considered the applicant's submissions regarding his remorse, family support, and the potential for rehabilitation, as well as the respondent's submissions highlighting the seriousness and persistence of the applicant's criminal conduct and the significant risk to the Australian community. The Tribunal was required to give appropriate weight to both primary and other considerations as mandated by Direction No. 79, determining whether any "other" considerations should be afforded the greatest weight in the particular circumstances.

The Tribunal set aside the decision under review.