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

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs not to revoke the mandatory cancellation of the Applicant's Partner (subclass 801) visa. The Applicant, an Italian citizen married to an Australian citizen, had his visa cancelled under subsection 501(3A) of the *Migration Act 1958* (Cth) for failing to pass the character test. The Applicant sought review of the delegate's decision not to revoke this cancellation.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation of the Applicant's visa, as contemplated by subsection 501CA(4) of the Act. This required the Tribunal to consider the Applicant's offending conduct, his personal circumstances, and the application of Ministerial Direction No 90, which sets out the framework for considering such matters. The Tribunal had to weigh the seriousness of the Applicant's conduct against any mitigating factors presented.

The Tribunal considered evidence of the Applicant's conduct while in immigration detention, including admitting to making alcohol and subsequently being found attempting to smuggle a significant quantity of prohibited drugs into the detention centre. The Applicant claimed he was coerced into smuggling drugs due to threats against his family. However, the Tribunal found that the Applicant's explanation for his actions, particularly his failure to report the alleged coercion and his admission of guilt for the alcohol incident, did not constitute "another reason" to revoke the mandatory cancellation. The Tribunal applied the principles from *Khalil v Minister for Home Affairs* [2019] FCAFC 151 regarding the delivery of decisions and reasons.

The Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of the Applicant's visa.