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

This matter concerned an application by the applicant, Corbett, to the Administrative Appeals Tribunal (Cth) to review the mandatory cancellation of his visa. The applicant had resided in Australia since infancy, with his family taking up residency in 2000. He had a history of property damage and breaches of an apprehended violence order, which led to the mandatory cancellation of his visa under the *Migration Act 1958*. The applicant sought to have this cancellation revoked, arguing there was "another reason" why it should be set aside.

The Tribunal was required to determine whether, notwithstanding the applicant failing the character test due to his conduct, there existed "another reason" to revoke the mandatory visa cancellation. This involved assessing the seriousness of the applicant's conduct against the principles outlined in Direction No. 90, particularly concerning the protection of the Australian community and the weight to be given to the applicant's long-standing ties to Australia.

The Tribunal reasoned that while the applicant's conduct, including acts of family violence and property damage within a domestic context, was to be viewed very seriously, the principle that Australia may afford a higher tolerance for such conduct by non-citizens who have lived in the community from a very young age was also applicable. The Tribunal noted the applicant's deprived upbringing, including being a ward of the state and experiencing family violence, and his significant period of residence in Australia since infancy. It concluded that these factors constituted "another reason" to revoke the visa cancellation.

Consequently, the Tribunal set aside the delegate's decision to cancel the applicant's visa, meaning his visa was not cancelled.