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

The Administrative Appeals Tribunal (AAT) reviewed a delegate of the Minister's decision not to revoke the mandatory cancellation of the Applicant's visa. The Applicant, born in a refugee transit camp in Thailand in 1980, arrived in Australia in 1987 and held a transitional permanent visa. His visa was mandatorily cancelled in January 2022 following a conviction for armed assault with intent to rob in December 2021, for which he received a three-year prison sentence. The Applicant sought revocation of this cancellation under s 501CA of the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was whether there was "another reason" under s 501CA(4)(b)(ii) of the *Migration Act* for the mandatory visa cancellation decision to be revoked, given that the Applicant did not pass the character test due to his substantial criminal record. The Tribunal was required to consider the factors outlined in Direction 99, including the strength, nature, and duration of the Applicant's ties to Australia, and the best interests of any minor children.

Deputy President Boyle P considered the Applicant's long criminal history, including offences involving violence, drug and alcohol issues, and psychological conditions. However, the Tribunal also acknowledged the Applicant's claims of Aboriginality and his acceptance within the Noongar community, as well as his Aboriginal step-children. The Tribunal found that the Applicant's links to Australia and the best interests of his minor children weighed in favour of revoking the visa cancellation. Despite the seriousness of past offending and a moderate risk of reoffending, the Tribunal concluded that these factors, when balanced against the Applicant's ties to Australia and the interests of the children, constituted "another reason" to revoke the cancellation.

Consequently, the Tribunal set aside the delegate's decision not to revoke the visa cancellation and substituted a decision to revoke the original mandatory cancellation of the Applicant's visa.