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

This matter concerned an appeal by Mr Dean against the mandatory cancellation of his visa, which had been initiated under section 501 of the *Migration Act 1958* (Cth). The decision under review was made by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, who had declined to revoke the visa cancellation. The Administrative Appeals Tribunal, constituted by N A Manetta SM, was tasked with hearing the appeal afresh.

The primary legal issue before the Tribunal was whether the mandatory cancellation of Mr Dean's visa should be upheld or revoked. This required the Tribunal to conduct a de novo hearing on the merits, with the power to set aside the delegate's decision and substitute its own, including the revocation of the cancellation and reinstatement of the visa, irrespective of any error in the delegate's reasoning. The Tribunal was required to consider all the evidence before it to determine the appropriate outcome.

The Tribunal reasoned that while the mandatory cancellation was triggered by Mr Dean serving a term of imprisonment, the delegate's decision not to revoke the cancellation was subject to review. The Tribunal noted Mr Dean's significant health concerns, including poorly managed diabetes, a history of homelessness, and past drug misuse, which contributed to his confused state during the hearing. It also took into account Mr Dean's difficult childhood, marked by parental separation, the early death of his grandfather, and the subsequent death of his grandmother, which had a profound emotional impact. Considering these factors, the Tribunal concluded that the circumstances warranted the revocation of the visa cancellation.

The Tribunal ordered that the decision under review be set aside and that the visa cancellation be revoked. Consequently, Mr Dean's visa was reinstated.