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

The matter before the Tribunal concerned the application of a New Zealand citizen, the Applicant, for the revocation of a mandatory visa cancellation. The Applicant conceded that he did not pass the character test due to his criminal history, which included convictions for common assault, assault occasioning bodily harm, and two counts of grievous bodily harm, for which he received a total sentence of four and a half years imprisonment. The central dispute was whether there was "another reason" to revoke the mandatory cancellation of his visa under section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth), having regard to Ministerial Direction 79.

The Tribunal was required to determine if the Applicant had established "another reason" for the revocation of the visa cancellation, as contemplated by section 501CA(4)(b)(ii) of the Act. This involved a comprehensive assessment of various factors outlined in Ministerial Direction 79, including the protection of the Australian community from criminal or other serious conduct, the nature and seriousness of the Applicant's offending, the risk to the community, the best interests of any minor children, community expectations, the strength and duration of the Applicant's ties to Australia, and any impediments he might face if returned to New Zealand.

In reaching its decision, the Tribunal applied the principles and considerations set out in Ministerial Direction 79. While acknowledging the seriousness of the Applicant's criminal conduct and the mandatory nature of the cancellation, the Tribunal found that, when considering all relevant factors, there was indeed another reason to revoke the decision. The Tribunal's reasoning, though not detailed in the provided text, led it to conclude that the discretion to revoke the cancellation should be exercised.

Consequently, the Tribunal set aside the decision under review and substituted it with a decision that the cancellation of the Applicant's visa pursuant to section 501(3A) of the Act be revoked under section 501CA(4)(b)(ii) of the Act.