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

This matter concerned an appeal by Mr Dacanay against the mandatory cancellation of his Class BB Subclass 155 Resident Return (Permanent) visa. The delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had decided not to revoke the cancellation. Mr Dacanay subsequently sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" why the mandatory cancellation of Mr Dacanay's visa should be revoked, having regard to the provisions of the *Migration Act 1958* (Cth) and Direction No. 79. This required the Tribunal to consider the factors for and against revocation, including Mr Dacanay's offending history and the protection of the Australian community.

The Tribunal found that Mr Dacanay failed the character test due to convictions for assault with an act of indecency (four counts) and a called-up offence of stalking/intimidation. The Tribunal characterised his conduct as very serious, noting the predatory nature of the indecent assaults and the lack of remorse or a satisfactory explanation for his behaviour. While acknowledging the significant emotional impact of visa cancellation on Mr Dacanay, particularly concerning his family, the Tribunal concluded that the seriousness of his offending and the risk of re-offending meant that the discretion to revoke the cancellation was not enlivened.

Consequently, the Tribunal affirmed the original decision to cancel Mr Dacanay's visa.