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

This matter concerned an application for review of a mandatory visa cancellation decision made under section 501CA of the *Migration Act 1958* (Cth). The applicant, a citizen of Iran, had been granted a protection visa in 2017, but this visa was subsequently cancelled due to the applicant failing to pass the character test, stemming from driving offences. The applicant sought revocation of this cancellation decision.

The primary legal issue before the Tribunal was whether there was "another reason" why the mandatory visa cancellation decision should be revoked, as contemplated by section 501CA(4)(b)(ii) of the *Migration Act*. In determining this, the Tribunal was required to consider the relevant considerations outlined in Direction No. 79, particularly the primary considerations of protecting the Australian community and the best interests of minor children, as well as other considerations including non-refoulement obligations and the likelihood of indefinite detention.

The Tribunal reasoned that while the applicant's criminal offending was serious, and the protection of the Australian community was a significant consideration, the applicant had demonstrated a degree of rehabilitation. This was evidenced by his engagement with a clinical psychologist, his stated remorse for his past behaviour, and his commitment to changing his lifestyle. Crucially, the Tribunal also considered the applicant's well-founded fear of persecution upon return to Iran, which engaged Australia's non-refoulement obligations. The Tribunal found that the risk of indefinite detention in Australia, coupled with the risk of persecution in Iran, constituted "another reason" for revocation.

Consequently, the Tribunal set aside the mandatory visa cancellation decision and substituted it with a decision to revoke the cancellation. This meant the applicant's visa was reinstated.