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

This matter concerned an application by Jado (the Applicant) to the Administrative Appeals Tribunal (the Tribunal) for review of a mandatory visa cancellation decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The Applicant, who had arrived in Australia as a child, had a criminal history including driving offences, theft, robbery, and kidnapping, and had engaged in drug and alcohol misuse. The Minister’s decision to cancel the Applicant’s visa was based on the Applicant not satisfying the character test under section 501(6)(a) of the *Migration Act 1958* (Cth) due to his criminal record.

The primary legal issue before the Tribunal was whether there was "another reason" why the mandatory visa cancellation decision should be revoked, pursuant to section 501CA(4)(b)(ii) of the Act. In determining this, the Tribunal was required to consider the relevant "primary considerations" and "other considerations" as outlined in Direction No. 90. The Tribunal specifically had to assess the protection of the Australian community, the risk of reoffending, the best interests of the Applicant's minor children, and the expectations of the Australian community.

The Tribunal reasoned that while the Applicant's criminal conduct was serious, including violent offending and drug misuse, and that the Australian community expected non-citizens engaging in such conduct to forfeit their privilege of remaining in Australia, there were other significant factors to consider. These included the Applicant's strong ties to Australia, his early life experiences, and the extensive impediments he would face if returned to his country of origin. The Tribunal also considered the non-refoulement obligations. Ultimately, the Tribunal found that these other considerations, when weighed against the seriousness of the offending and the risk of reoffending, constituted "another reason" to revoke the mandatory visa cancellation decision.

The Tribunal set aside the Minister's mandatory visa cancellation decision and substituted it with a decision to revoke that cancellation.