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

This matter concerned an application by DQDW (the Applicant) to revoke the mandatory cancellation of his visa, which had been cancelled due to his failure to pass the character test. The Minister for Immigration, Citizenship and Multicultural Affairs (the Respondent) opposed the revocation. The decision was made by Rebecca Bellamy SM in the Administrative Appeals Tribunal.

The central legal issue before the Tribunal 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 Tribunal to consider the Applicant's personal circumstances, including his traumatic childhood, his ties to Australia, and the risk of re-offending, against the need to protect the Australian community. The Tribunal was specifically directed to apply Ministerial Direction No. 90, which outlines the considerations to be taken into account, including the weight to be given to primary considerations versus other considerations.

The Tribunal acknowledged the Applicant's deeply traumatic childhood, including significant sexual abuse, and his strong ties to Australia, having lived there since infancy. It also recognised the impact of his removal on his law-abiding family members. However, the Tribunal found that the Applicant's serious drug trafficking offences, his history as a repeat offender, and the unacceptable risk of re-offending and causing harm to the community weighed heavily against revocation. Despite the Applicant's personal circumstances and the mitigating factors presented, these were not considered sufficiently compelling to outweigh the primary considerations of community safety and the seriousness of his criminal conduct.

Consequently, the Tribunal determined that it could not exercise the discretion to revoke the cancellation of the Applicant's visa. The decision under review, which affirmed the mandatory cancellation, was therefore affirmed.