DLZZ and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application by DLZZ to revoke the mandatory cancellation of their Class XD Subclass 785 Temporary Protection visa. The cancellation was based on DLZZ failing to pass the character test due to a substantial criminal record. The Minister for Immigration, Citizenship and Multicultural Affairs was the respondent. The decision was made by C. J. Furnell SM.

The primary legal issue before the court was whether there was "another reason" why the mandatory cancellation of DLZZ's visa should be revoked, as required by section 501(3A) of the *Migration Act 1958* (Cth). This required the decision-maker to consider various factors outlined in Direction 90, including primary considerations such as the protection of the Australian community, family violence, the best interests of minor children, and community expectations, as well as other considerations like international non-refoulement obligations and links to the Australian community.

The court reasoned that compliance with Direction 90 was a precondition for a valid decision. Direction 90 mandates that primary considerations are generally given greater weight than other considerations, though this is not absolute and other considerations may be given more weight if there is a specific reason. The court noted that while the protection of the Australian community from criminal conduct is a significant primary consideration, it must be balanced against other relevant factors in the specific circumstances of the case. The court found that there was indeed another reason to revoke the cancellation decision.

The court ultimately set aside the visa cancellation decision and substituted it with a decision to revoke the cancellation.