HKRC 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 by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant, who had been convicted of serious sexual offences against a minor, sought to have this cancellation revoked. The case was heard by Deputy President Britten-Jones.

The primary legal issue before the Tribunal was whether there was 'another reason' under section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth) to revoke the mandatory visa cancellation. This required an assessment of the factors for and against revocation, considering the applicant's representations. The applicant could not rely on passing the character test under section 501CA(4)(b)(i) due to his substantial criminal record.

The Tribunal considered the protection of the Australian community as a paramount consideration, noting the applicant's conviction for sexual abuse of his stepdaughter over a nine-year period. Despite the applicant's own history of trauma, the Tribunal found that the seriousness and protracted nature of his offending, which involved the exploitation of a vulnerable child in her own home, meant that even a low to moderate risk of reoffending was unacceptable. The Tribunal concluded that the primary considerations of community protection and expectations outweighed any countervailing considerations, and therefore affirmed the mandatory visa cancellation decision.