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

This matter concerned an application to the Administrative Appeals Tribunal (AAT) for review of a decision not to revoke the mandatory cancellation of the Applicant's Class TY Subclass 444 Special Category (Temporary) visa. The Applicant did not pass the character test due to a conviction for grievous bodily harm, for which he was sentenced to two years imprisonment, suspended after six months. The core dispute revolved around whether there was "another reason" to revoke the mandatory cancellation decision, as contemplated by the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the Applicant had established "another reason" to revoke the mandatory cancellation of his visa, considering the principles outlined in Ministerial Direction No 90. This involved assessing the weight to be given to the primary consideration of protecting the Australian community from criminal or other serious conduct, and evaluating the nature and seriousness of the Applicant's conduct, as well as the risk to the community should he reoffend. The Tribunal also had to consider the Applicant's personal circumstances, including his relationship with his partner, the impending birth of their child, and evidence from his sister regarding his family orientation and potential mental health concerns if removed from Australia.

In its reasoning, the Tribunal acknowledged the Applicant's criminal history, including the serious offence of grievous bodily harm. It also considered the evidence presented by the Applicant's partner and sister, which highlighted his remorse, efforts at rehabilitation, and strong family ties in Australia. However, the Tribunal found that these factors, when weighed against the primary consideration of community protection and the seriousness of the Applicant's offending, did not constitute "another reason" sufficient to revoke the mandatory cancellation. The Tribunal ultimately affirmed the decision not to revoke the cancellation.