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

This matter concerned an application for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant, a 58-year-old citizen of New Zealand and the United Kingdom, had his visa cancelled under section 501(3A) of the *Migration Act 1958* (Cth) and subsequently sought revocation of that decision under section 501CA. The delegate's decision not to revoke the cancellation was the reviewable decision before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether there was "another reason" why the cancellation decision should be revoked, as mandated by section 501CA(4)(b)(ii) of the *Migration Act*. In making this determination, the Tribunal was obliged to comply with Direction No 110, issued by the Minister under section 499 of the Act, which replaced Direction No 99. Direction No 110 sets out objectives and considerations that decision-makers must have regard to, including the primary considerations of the protection of the Australian community, the nature and seriousness of criminal offending, and the risk to the Australian community should the applicant commit further offences. Other considerations to be taken into account included the strength, nature, and duration of ties to Australia, the best interests of children, community expectations, and the extent of impediments if removed from Australia.

The Tribunal considered the evidence presented, including submissions from the applicant and testimony from witnesses such as the applicant's daughter, partner, and a pastor. It also had regard to the applicant's criminal offending and the risk posed to the Australian community. Applying the principles outlined in Direction No 110, the Tribunal was not satisfied that the applicant passed the character test. Consequently, the Tribunal found that there was no other reason why the cancellation decision should be revoked. The Tribunal affirmed the delegate's decision not to revoke the cancellation.