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

The Administrative Appeals Tribunal considered the case of Garratt and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the non-revocation of a mandatory cancellation of the applicant's Skilled (Class BN) (Subclass 136) visa, following the applicant failing to pass the character test. The applicant sought to have this decision reviewed.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation of the applicant's visa, as required by the relevant migration legislation. This involved a detailed consideration of Ministerial Direction No. 90, which outlines the framework for decision-makers when assessing character concerns and the revocation of visa cancellations. The Tribunal was required to weigh the applicant's conduct against the primary and other considerations specified in the Direction.

The Tribunal's reasoning focused on the applicant's extensive efforts towards rehabilitation and reintegration into the Australian community. The applicant provided evidence of remorse, participation in various drug rehabilitation programs both within prison and through private providers, and a comprehensive plan for ongoing support upon release, including engagement with support groups and mental health professionals. The Tribunal also noted the applicant's strong family ties in Australia and his intention to live with and work for his parents. In light of these factors, and applying the principles of Ministerial Direction No. 90, the Tribunal found that there was another reason to revoke the mandatory cancellation.

Consequently, the Tribunal set aside the decision not to revoke the mandatory cancellation of the applicant's visa and substituted a decision to revoke the mandatory cancellation.