Jacobs and Minister for Immigration and Border Protection (Migration)

The case of Jacobs and the Minister for Immigration and Border Protection concerned the mandatory cancellation of the applicant's visa under section 501(3A) of the *Migration Act 1958* (Cth). The applicant, a New Zealand citizen who had been ordinarily resident in Australia since 2011, had his visa cancelled due to having a substantial criminal record, specifically a sentence of imprisonment of 12 months or more. The applicant sought to have this cancellation revoked under section 501CA(4) of the Act.

The primary legal issue before the court was whether there was "another reason" why the mandatory cancellation decision should be revoked, as contemplated by section 501CA(4)(b)(ii) of the Act. This required the court to consider the factors outlined in Ministerial Direction 79, which include the protection of the Australian community from criminal or other serious conduct, the nature and seriousness of the applicant's conduct, and the risk to the community should further offences be committed. Other considerations, such as the best interests of a child, the strength and duration of ties to Australia, and impediments to removal, were also relevant.

The court reasoned that while the applicant did not pass the character test, the question of revocation hinged on whether there were sufficient countervailing reasons. After weighing the considerations for and against revocation, the court found that the factors favouring revocation outweighed those against it. Although none of the considerations were particularly strong, the cumulative effect led the court to conclude that there was indeed "another reason" to revoke the cancellation.

Consequently, the court set aside the decision under review and substituted it with a decision to revoke the mandatory cancellation of the applicant's visa under section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth).