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

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs not to revoke the mandatory cancellation of the Applicant's Global Special Humanitarian visa. The Applicant, a citizen of Iraq, had his visa cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to having a substantial criminal record, having been sentenced to a term of imprisonment of 12 months or more. The Applicant sought revocation of this cancellation, which was refused by the delegate, leading to the present review by the Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the visa cancellation decision, as contemplated by section 501CA(4) of the Act. This required the Tribunal to consider the mandatory considerations outlined in Direction No. 79, specifically the protection of the Australian community from criminal or other serious conduct, the best interests of minor children, and the expectations of the Australian community. The Tribunal was tasked with weighing these considerations against the Applicant's circumstances and criminal history.

In its reasoning, the Tribunal found that the Applicant's criminal offending was particularly serious, noting his recidivist behaviour since 2009, with increasing frequency of offences and convictions for assaulting a police officer. While acknowledging that the offending did not involve sexual crimes or violence against women or children, the Tribunal highlighted instances involving threats of violence and the possession of weapons. The Tribunal also considered the Applicant's history of offending whilst on bail and the fact that he had served two terms of imprisonment. The Tribunal concluded that the nature and seriousness of the Applicant's conduct, coupled with the risk to the Australian community, weighed heavily against revocation. The Tribunal affirmed the decision not to revoke the visa cancellation.