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

This matter concerned an application for review of a mandatory visa cancellation made under subsection 501(3A) of the *Migration Act 1958* (Cth). The applicant, Mr Hayde, sought to have the original decision to cancel his visa revoked under subsection 501CA(4) of the Act. The decision-maker was required to consider the provisions of the Act and Direction no. 90, which provides guidance on visa refusal and cancellation under section 501 and the revocation of mandatory cancellations under section 501CA.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory visa cancellation, having regard to the protection of the Australian community from criminal or other serious conduct. This required the Tribunal to assess the nature and seriousness of the applicant's conduct to date and the risk to the community should he commit further offences. The applicant's criminal history, specifically a conviction for possession of a prohibited drug with intent to supply methylamphetamine, and the circumstances surrounding this offending, were central to this assessment.

The Tribunal considered the applicant's conviction for possession of methylamphetamine with intent to supply, which occurred in August 2018. While acknowledging the seriousness of the offence and the potential harm to the community, the Tribunal also took into account mitigating factors. These included the applicant's frankness with authorities, his guilty plea, his long-term use of cannabis, and his expressed remorse and intention to abstain from drugs. The Tribunal noted that the applicant had not used drugs since his imprisonment and had demonstrated insight into the circumstances that led to his offending. Despite some discrepancies in the applicant's account of his accident and drug use, the Tribunal was satisfied that Mr Hayde represented a low risk to the Australian community.

The Tribunal set aside the original decision to cancel Mr Hayde's visa and substituted it with a decision to revoke the cancellation.