Figota and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application by Mr Figota, a New Zealand citizen, for review of the Minister's decision to cancel his Class TY, Subclass 444 Special Category (Temporary) visa. The cancellation was based on Mr Figota failing to pass the character test due to serious criminal convictions. The primary issue before the Tribunal was whether there was "another reason" to revoke the visa cancellation, as contemplated by section 501CA(4) of the *Migration Act 1958* (Cth).

The Tribunal was required to consider the factors outlined in Direction No. 90, specifically the protection of the Australian community, the best interests of any minor children in Australia, the expectations of the Australian community, the extent of impediments to removal, and the applicant's links to the Australian community. The nature and seriousness of Mr Figota's conduct were central to the assessment of community protection, with the Tribunal noting his involvement in a riot where glass bottles were thrown at police, and a subsequent violent assault where he punched a victim in the face, all while aware of pending proceedings for the earlier offences.

In its reasoning, the Tribunal weighed the considerations favouring revocation against those favouring non-revocation. It found that Mr Figota's criminal conduct demonstrated a significant lack of respect for the Australian legal system and its officers. Despite this, the Tribunal ultimately determined that there was another reason to revoke the mandatory cancellation of his visa.

Consequently, the Tribunal set aside the decision not to revoke the visa cancellation and substituted a decision that there was another reason why the mandatory cancellation should be revoked.