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

This matter concerned an appeal by the applicant, a citizen of Poland, against the mandatory cancellation of his visa. The cancellation was based on his serious offending history, which included offences against young females and a history of domestic violence. The applicant sought the revocation of this cancellation decision.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation of the applicant's visa, as contemplated by the Migration Act 1958 (Cth). This required the Tribunal to consider the applicant's personal circumstances, including his chronic alcoholism, the risk of reoffending if he consumed alcohol, and any impediments to his removal from Australia, such as his long-term ties and family support within the country.

The Tribunal reasoned that while the applicant's offending history was serious, there were compelling reasons to revoke the cancellation. The applicant had resided in Australia for 35 years, was married to an Australian citizen, and had adult daughters who were Australian citizens. His chronic alcoholism, which necessitated a disability support pension, was a significant factor, and there was evidence suggesting a risk of reoffending if he consumed alcohol. Furthermore, the Tribunal noted serious impediments to his removal, including his age and the strong spousal and family support he enjoyed in Australia. Applying the principles of Direction 90, the Tribunal concluded that these factors constituted "another reason" to revoke the cancellation.

The Tribunal set aside the decision under review and substituted a decision that the cancellation of the applicant's visa be revoked.