Fasi and Minister for Home Affairs (Migration)

This matter concerned an application by Mr Fasi to review a decision by the Minister for Home Affairs to cancel his Resident Return Visa under section 501(3)(c) of the *Migration Act 1958* (Cth) on the grounds that he failed to pass the character test due to having a substantial criminal record. The Tribunal was required to consider whether there was another reason why the cancellation decision should be revoked, applying Ministerial Direction No. 65.

The legal issues before the Tribunal included determining the weight to be given to the protection of the Australian community from criminal conduct, assessing the nature and seriousness of Mr Fasi's offending, particularly in light of his bipolar affective disorder and substance abuse issues, and considering the best interests of his minor children, the strength and duration of his ties to Australia, and the impact of removal on him, including the likelihood of destitution and untreated mental illness.

The Tribunal reasoned that while Mr Fasi had a significant criminal record, including numerous convictions and periods of imprisonment, particularly between 2013 and 2017, a substantial portion of his offending occurred more than 20 years prior to the decision. The Tribunal also considered the impact of his mental health condition, noting that he had demonstrated periods of stability when compliant with medication and supported. It found that while the protection of the community was a paramount consideration, the specific circumstances of Mr Fasi's offending, his mental health, his limited ties to his country of origin, and the potential destitution and untreated mental illness if removed, constituted another reason to revoke the cancellation decision.

The Tribunal set aside the Minister's decision to cancel Mr Fasi's visa and substituted a decision to revoke the cancellation.