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

This matter concerned an application for review of the Minister's decision not to revoke the mandatory cancellation of the Applicant's visa. The Applicant had failed to pass the character test, triggering the mandatory cancellation. The Applicant sought to have this cancellation revoked, arguing that there was another reason to do so. The court was required to consider the Applicant's conduct in light of Ministerial Direction No. 90, which sets out the framework for considering such matters, including the protection of the Australian community and the best interests of minor children.

The central legal issue before the court was whether there was "another reason" to revoke the mandatory cancellation of the Applicant's visa, as contemplated by the *Migration Act 1958* (Cth). This required the court to assess the Applicant's conduct, particularly concerning allegations of family violence, and to weigh this against the primary considerations outlined in Ministerial Direction No. 90, specifically the protection of the Australian community. The court had to determine the weight to be given to the seriousness of the Applicant's conduct and the risk of future harm.

The court found the police evidence regarding the Applicant's conduct to be more reliable than the Applicant's own testimony. It was satisfied that the Applicant had engaged in violent conduct towards his sister, including punching a wall and throwing an object at her head, and that a protection order had been made against him. The court considered this conduct to be very serious, falling within the categories of violent crimes and acts of family violence as outlined in the Direction. Despite the Applicant's claims of not recalling or denying these events, the court preferred the contemporaneous police records and the existence of the protection order. The court concluded that the Applicant's conduct weighed heavily against revocation and that there was no other reason to revoke the mandatory cancellation.

The decision under review was affirmed, meaning the mandatory cancellation of the Applicant's visa was not revoked.