Da Silva and Minister for Home Affairs (Migration)

This matter concerned an application by Da Silva for the revocation of the cancellation of his visa, which had been cancelled due to his failure to pass the character test, stemming from previous criminal offences. The application was heard by Mrs J C Kelly, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether there was "another reason" why the visa cancellation should be revoked, applying the principles set out in Ministerial Direction No. 65. This involved considering various primary and other considerations, including the protection of the Australian community, the nature and seriousness of the applicant's conduct, the risk to the Australian community should he reoffend, and the expectations of the Australian community. The Tribunal also had to consider the best interests of any minor children, as well as other factors such as the strength, nature, and duration of the applicant's ties to Australia and the extent of impediments to his removal.

In reaching its decision, the Tribunal weighed the competing considerations. It found that while the protection of the Australian community and the seriousness of the applicant's past conduct were significant factors, these were outweighed by other considerations. The Tribunal concluded that the best interests of the applicant's minor children and the strength of his ties to Australia constituted "another reason" to revoke the visa cancellation. Consequently, the Tribunal set aside the decision to cancel the visa and substituted a decision to revoke that cancellation.