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

This matter concerned an application by Mr. Dang to revoke the mandatory cancellation of his Class BS Sub-class 801 Partner visa, which had been cancelled under section 501(3A) of the Migration Act 1958 (Cth) due to drug-related offences. The decision was made by Mr. Rob Reitano, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the visa cancellation, considering the protection of the Australian community, the best interests of minor children, and the strength, nature, and duration of Mr. Dang's ties to Australia, as well as community expectations.

The Tribunal reasoned that while the seriousness of the drug offences weighed against revocation, the low likelihood of re-offending meant that the protection of the Australian community was a less significant consideration than other factors. The Tribunal placed considerable weight on Mr. Dang's strong ties to his Australian citizen wife, with whom he had been married for almost five years and lived continuously since his arrival in Australia. It also gave significant weight to his ties to his two Australian citizen stepdaughters, aged 15 and 16, noting the adverse emotional and financial consequences for his wife and daughters if he were returned to Vietnam. The Tribunal concluded that the importance of these ties constituted another reason to revoke the cancellation.

Consequently, the Tribunal set aside the delegate's decision to cancel Mr. Dang's visa and substituted a decision revoking that cancellation.