DGVR and Minister for Home Affairs (Migration)

This matter concerned an application to revoke the mandatory cancellation of the applicant's Global Humanitarian (Class XB) (Subclass 202) visa, which had been cancelled under s 501(3A) of the *Migration Act 1958* (Cth). The cancellation was triggered by the applicant's custodial sentence of seven months and one week imposed on 30 May 2017, for offences including failure to comply with breath analysis directions and driving while disqualified. The applicant had a substantial criminal record, having served multiple periods of imprisonment totalling over 19 months for various offences, including theft using force and driving under disqualification.

The primary legal issue before the Tribunal was whether there was "another reason" why the original decision to cancel the applicant's visa should be revoked, pursuant to s 501CA(4)(b)(ii) of the *Migration Act 1958*. This required the Tribunal to consider the relevant considerations outlined in Direction No. 65, particularly the protection of the Australian community and the best interests of minor children. The Tribunal was directed to give primary considerations more weight than other considerations.

In its reasoning, the Tribunal acknowledged the applicant's criminal history, including a conviction for assault in 2009, which weighed against the application. However, it noted that there had been no repetition of violent offending since 2009, and the applicant had undertaken efforts to address his alcohol dependency, which was identified as the root cause of his offending, particularly his repeated drink-driving offences. The Tribunal also considered the best interests of the applicant's minor children, although specific details regarding these interests were not elaborated upon in the provided text. The Tribunal found that the applicant's efforts to address his alcohol issues and the absence of recent violent offending constituted "another reason" for revocation.

Consequently, the Tribunal revoked the mandatory cancellation of the applicant's visa.