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

This matter concerned an application by Mr. Guruge, a citizen of Sri Lanka, for the revocation of his Class BC Subclass 100 Partner visa, which had been mandatorily cancelled under section 501CA of the *Migration Act 1958* (Cth). The cancellation was based on Mr. Guruge's conviction for an offence carrying a sentence of 12 months imprisonment or more, meaning he failed to pass the character test. The Administrative Appeals Tribunal was required to determine whether there was another reason to revoke this mandatory cancellation.

The primary legal issue before the Tribunal was whether, having conceded that Mr. Guruge did not pass the character test, there was "another reason" within the meaning of the Act to revoke the mandatory visa cancellation. In considering this, the Tribunal was bound by Ministerial Direction No. 79, which outlines the framework for assessing such cases, distinguishing between primary and other considerations. The Tribunal had to weigh these considerations to determine if the cancellation should be revoked.

The Tribunal's reasoning focused on applying the principles set out in Ministerial Direction No. 79. It acknowledged Mr. Guruge's significant criminal history, including a conviction for an offence carrying a 12-month prison sentence, which triggered the mandatory cancellation. While noting the presence of a minor child in Australia, the Tribunal found that there had been significant breaks in contact. Furthermore, the Tribunal took into account Mr. Guruge's admissions of providing misleading statements to the Department in the past. Weighing these factors, and giving appropriate weight to the primary considerations as directed, the Tribunal concluded that the decision not to revoke the mandatory cancellation was correct.

Consequently, the Tribunal decided to affirm the decision under review, meaning Mr. Guruge's visa cancellation was upheld.