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

The Administrative Appeals Tribunal considered the case of Farcas and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the non-revocation of a mandatory visa cancellation decision made in relation to the applicant, who failed to pass the character test due to a substantial criminal record. The applicant sought to have this mandatory cancellation revoked.

The Tribunal was required to determine whether there was "another reason" to revoke the mandatory cancellation of the applicant's visa, as contemplated by section 501CA(4) of the Migration Act 1958 (Cth). This determination necessitated a consideration of Ministerial Direction No. 99, which outlines the principles and considerations relevant to such decisions, including the protection of the Australian community and other factors favouring revocation.

The Tribunal reasoned that while the applicant failed the character test as a matter of law, it was compelled to consider whether there was another reason to revoke the mandatory cancellation. Applying Ministerial Direction No. 99, the Tribunal weighed the applicant's significant ties to the Australian community, including his childhood trauma, the murder of his sister, and his efforts to engage with educational and vocational opportunities, against the risk he posed to the community. The Tribunal found that the applicant had multiple protective factors in the community and that the interests of a relevant minor child favoured revocation. Ultimately, the Tribunal concluded that the considerations favouring revocation outweighed those against it.

The Tribunal set aside the decision under review and substituted a new decision revoking the mandatory cancellation of the applicant's visa.