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

This matter concerned an application by DDGN (the applicant) to review the mandatory cancellation of his bridging visa by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the respondent). The applicant, a citizen of Malaysia, suffered from serious mental health conditions, including schizoaffective and bipolar disorders, compounded by past alcohol and drug misuse. He had no support networks in Australia and had been detained since June 2022, with a protection visa application pending review. The decision was made by N A Manetta SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the cancellation of the applicant's bridging visa, as contemplated by the Migration Act 1958 (Cth). This required the Tribunal to weigh the applicant's serious criminal conduct, including indecent assault and arson, against his significant mental health issues and the implications of his continued detention. The Tribunal also considered the applicant's lack of community support and the risk of him failing to adhere to his medicinal regime if released without adequate supervision.

The Tribunal reasoned that while the applicant's past behaviour posed a risk to the community and warranted significant consideration, the fundamental common law right to liberty weighed heavily in his favour. It found the situation of detaining a mentally unwell person in a non-therapeutic environment to be unsatisfactory. The involvement of the Public Advocate in the applicant's case, although limited to legal and immigration matters at that stage, provided some assurance that his welfare would be considered if he were released into the community. The Tribunal concluded that the applicant's mental health condition constituted an "other reason" that outweighed the primary considerations for cancellation.

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