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

The Administrative Appeals Tribunal considered the case of GVTK and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the non-revocation of a mandatory cancellation of the Applicant's Class EN Subclass 186 Employer Nomination (permanent) visa, which had been cancelled because the Applicant did not pass the character test. The Applicant sought to have this cancellation decision revoked.

The Tribunal was required to determine whether there was "another reason" to revoke the mandatory cancellation decision, as contemplated by the relevant provisions of the *Migration Act 1958* (Cth). This involved a consideration of Ministerial Direction No. 90, which outlines the framework for assessing such matters. Specifically, the Tribunal had to weigh the primary considerations, including the protection of the Australian community, against other relevant considerations, such as the Applicant's personal circumstances, including her history of drug trafficking and mental health issues.

In its reasoning, the Tribunal applied the principles set out in Ministerial Direction No. 90. It acknowledged the Applicant's submissions regarding her traumatic childhood experiences, mental health issues, and drug abuse, as well as the evidence of her former partner. However, the Tribunal ultimately found that the evidence regarding the partner's character and reliability was insufficient to be given weight. The Tribunal also considered the primary consideration of protecting the Australian community, noting the seriousness and nature of the Applicant's conduct. After carefully weighing all the considerations, the Tribunal concluded that the application of the Direction favoured the non-revocation of the visa cancellation.

Consequently, the Tribunal affirmed the decision under review, meaning the Applicant's visa cancellation was upheld.