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

This matter concerned an appeal by HFGJ against a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to mandatorily cancel his visa. HFGJ, who arrived in Australia at the age of five, had committed a series of offences, primarily as a teenager, leading to the cancellation of his visa. The core of the dispute revolved around whether there was "another reason" to revoke this mandatory cancellation decision under section 501CA(4) of the *Migration Act 1958* (Cth).

The legal issues before the court were whether the applicant, HFGJ, met the criteria for the revocation of his visa cancellation. Specifically, the court had to determine if there was "another reason" to revoke the mandatory cancellation decision, as contemplated by section 501CA(4)(b)(ii) of the *Migration Act 1958*. This required an assessment of the factors for and against revocation, considering the applicant's representations. The court also had to consider the primary considerations of protecting the Australian community and the expectations of the community, weighed against any countervailing considerations.

The court reasoned that while HFGJ did not pass the character test due to his substantial criminal record, the assessment for "another reason" to revoke the cancellation required a broader evaluation. The court considered the applicant's difficult childhood, including his father's death in war, his mother's struggles with trauma and alcoholism, his time in foster care, and the lasting impact of his mother's death. It also noted that many of his earlier offences were committed under the influence of alcohol or drugs and that he had little recollection of them. The court found that significant impediments to his removal to South Sudan, coupled with a serious risk of harm, outweighed the primary considerations of community protection and expectations.

Consequently, the court set aside the Minister's decision to cancel HFGJ's visa.