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

The Administrative Appeals Tribunal reviewed a delegate of the Minister's decision not to revoke the mandatory cancellation of the Applicant's visa. The Applicant, a New Zealand citizen, had his visa cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to a substantial criminal record, specifically a sentence of imprisonment of 12 months or more. The Applicant sought revocation of this cancellation under section 501CA(4) of the Act.

The primary legal issue before the Tribunal was whether there was "another reason" why the original decision to cancel the Applicant's visa should be revoked, as the Applicant did not pass the character test. This required the Tribunal to consider the factors outlined in Direction 99, including the protection of the Australian community, the impact on victims, and the strength, nature, and duration of the Applicant's ties to Australia, as well as the best interests of any minor children.

The Tribunal reasoned that while the Applicant had committed serious offences involving family violence, the risk of reoffending was assessed as extremely low, thus giving only minor weight to the consideration of community protection. However, the Tribunal found that the strength and nature of the Applicant's ties to Australia, coupled with the best interests of his minor children and the impact on victims, weighed in favour of revocation. The Tribunal concluded that these factors, taken together, constituted another reason to revoke the visa cancellation decision.

Consequently, the Tribunal set aside the delegate's decision and substituted a new decision revoking the mandatory cancellation of the Applicant's visa.