GMTY and Minister for Immigration and Border Protection (Migration)

The Administrative Appeals Tribunal considered the case of GMTY and the Minister for Immigration and Border Protection. The dispute concerned the mandatory cancellation of the applicant's visa under section 501CA(4) of the Migration Act 1958 (Cth). The applicant sought to have this cancellation revoked.

The Tribunal was required to determine whether there was "another reason" why the mandatory visa cancellation decision should be revoked, as contemplated by section 501CA(4)(b)(ii) of the Act. In making this determination, the Tribunal was obliged to consider the primary and other considerations outlined in Ministerial Direction No. 90. These considerations included the protection of the Australian community, the best interests of minor children, the expectations of the Australian community, international non-refoulement obligations, the nature and seriousness of the applicant's offending, the strength and duration of the applicant's ties to Australia, and the impediments the applicant might face if removed from Australia.

The Tribunal's reasoning involved a detailed assessment of the applicant's personal circumstances, including his childhood in Zimbabwe marked by family violence and loss, his close relationship with his son, DTNT, and his fear of returning to Zimbabwe due to ongoing family hostility. The Tribunal also considered the applicant's criminal conduct, which included incidents in immigration detention, and the potential risk to the Australian community. The Tribunal applied the principles set out in Ministerial Direction No. 90, weighing the various factors to determine if the mandatory cancellation should be revoked.

The Tribunal found that while the applicant did not satisfy the character test, there was another reason to revoke the mandatory visa cancellation decision. The Tribunal set aside the decision and substituted it with a decision to revoke the mandatory cancellation.