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

The Administrative Appeals Tribunal considered the case of HLQV and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning the mandatory cancellation of HLQV's Protection visa. HLQV, a citizen of Libya, had his visa cancelled, and he sought review of this decision. The Tribunal was required to determine whether the recent decision in *BAL19 v Minister for Home Affairs* [2019] FCA 2189 was applicable and distinguishable on its facts, and to assess various primary considerations under Ministerial Direction No. 79, including the protection of the Australian community, the best interests of affected minor children, the expectations of the Australian community, and any international non-refoulement obligations. The Tribunal also had to consider the strength and duration of HLQV's ties to Australia, the extent of impediments to his removal, and his significant mental health conditions, noting that a judicially supervised treatment order was yet to commence.

In its reasoning, the Tribunal found that the *BAL19* decision was distinguishable on its facts. It carefully considered the nature and seriousness of HLQV's conduct, noting his convictions for offences including arson, assaulting police, threats to kill, and breaching family violence intervention orders. The Tribunal acknowledged the frequency and increasing seriousness of his offending, and the potential harm to the community if he were to reoffend. However, the Tribunal also gave significant weight to the best interests of HLQV's minor children, finding it would be in their interests for the visa cancellation to be revoked, despite his long absence from their lives. The Tribunal also considered the best interests of the children of Ms AP, with whom HLQV had a paternal role, finding that revocation would be in their best interests, though with less weight. The Tribunal noted the protective factors inherent in the yet-to-be-completed Community Correction Order.

The Tribunal ultimately decided to set aside the decision under review and substitute a new decision. It found that the mandatory cancellation of HLQV's visa should be revoked.