HGBY and Minister for Immigration and Border Protection (Migration)

The applicant, HGBY, sought revocation of a mandatory visa cancellation made under section 501(3A) of the *Migration Act 1958* (Cth) due to a substantial criminal record. The Administrative Appeals Tribunal (AAT) affirmed the delegate's decision to refuse revocation. The applicant appealed to the Full Federal Court, which found that the AAT had committed jurisdictional error by misunderstanding the implications of section 197C of the Act. Consequently, the Full Federal Court remitted the matter to a differently constituted Tribunal for redetermination.

The primary legal issue before the Tribunal was whether there were "other reasons" under section 501CA(4)(b)(ii) of the Act to revoke the mandatory visa cancellation. This required the Tribunal to consider various factors, including the best interests of the applicant's children, the expectations of the Australian community, and the applicant's international non-refoulement obligations, in light of his criminal history which included dishonesty offences, breaches of bail and intervention orders, and driving offences.

The Tribunal reasoned that while the applicant's past conduct, including domestic violence, had negatively impacted his children, the risk of future domestic violence was low. Crucially, the Tribunal found that ongoing separation from the applicant would have a significantly negative effect on his three young children, who expressed a desire for his return. The applicant's wife, who struggled with English and childcare, also relied heavily on his support. The Tribunal concluded that the best interests of the children weighed heavily in favour of revoking the cancellation, as their father's presence was essential for their well-being and to support their mother. The Tribunal also considered the expectations of the Australian community, linking them to the protection of the community as per established case law.

The Tribunal determined that the best interests of the children, coupled with the applicant's efforts to maintain contact and provide support while in detention, constituted sufficient "other reasons" to revoke the visa cancellation. The Tribunal ordered that the mandatory visa cancellation be revoked.