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

The Administrative Appeals Tribunal reviewed a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to revoke the mandatory cancellation of the applicant's Special Category TY-444 visa. The applicant had failed the character test due to a substantial criminal record. The dispute centred on whether there was "another reason" why the visa cancellation decision should be revoked, as permitted by section 501CA(4) of the *Migration Act 1958* (Cth).

The Tribunal was required to determine whether, despite the applicant failing the character test, there existed another reason to revoke the mandatory cancellation of his visa. In making this determination, the Tribunal was bound to comply with Ministerial Direction No. 90, which outlines primary and other considerations to be taken into account. The Tribunal had to weigh these considerations, including the protection of the Australian community, the seriousness of the offending and future risk, the best interests of minor children in Australia, and the expectations of the Australian community, against factors such as the extent of impediments if removed and the strength, nature, and duration of the applicant's ties to Australia.

The Tribunal reasoned that while the applicant had an extensive criminal record, commencing in his juvenile years and continuing into his early adulthood, and had used aliases, the weight to be assigned to each consideration was a matter for the Tribunal. The Tribunal noted that none of the juvenile offences involved drugs, although three involved personal violence. The applicant's offending as a young person included dishonesty, driving offences, and offences against the person, with some sentences of imprisonment imposed. The Tribunal was satisfied that there was another reason to revoke the cancellation decision, leading to the outcome that the visa was not cancelled.