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

The Administrative Appeals Tribunal (the Tribunal) considered the mandatory cancellation of a Class UF Subclass 309 Partner (Provisional) visa held by a citizen of Lebanon. The cancellation was based on the visa holder failing to pass the character test due to a serious offence of culpable driving causing death. The visa holder sought revocation of the cancellation, arguing that another reason existed for it to be revoked, and the Tribunal applied Ministerial Direction No. 99 in its assessment.

The primary legal issue before the Tribunal was whether, in light of Ministerial Direction No. 99, there was another reason why the mandatory cancellation of the visa should be revoked. This required the Tribunal to weigh various factors, including the protection of the Australian community, the seriousness of the offence, the visa holder's risk of reoffending, the strength, nature, and duration of their ties to Australia, the best interests of any minor children involved, the expectations of the Australian community, the legal consequences of the decision, and the extent of impediments to the visa holder's removal from Australia.

The Tribunal reasoned that while the offence was serious, the visa holder presented a low risk of reoffending. It found that the visa holder had significant ties to Australia, including family members who were Australian citizens or permanent residents, and that the best interests of minor children were a crucial consideration. The Tribunal also considered the expectations of the Australian community and the significant impediments to removal. Ultimately, the Tribunal concluded that these factors, when weighed against the seriousness of the offence, constituted another reason for revocation. Consequently, the Tribunal set aside the decision to cancel the visa and substituted a decision to revoke the mandatory cancellation.