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

This matter concerned an application by a citizen of Iraq for the revocation of a mandatory visa cancellation. The applicant had arrived in Australia as an unauthorised maritime arrival in 2009 and was subsequently granted a protection visa. He had a substantial criminal record, with approximately 40 convictions between April 2015 and February 2019, including offences of violence, drug trafficking, and possession of firearms. The Minister's delegate had cancelled the applicant's visa under section 501(3A) of the *Migration Act 1958* (Cth) due to his substantial criminal record and the fact that he was serving a sentence of imprisonment. The applicant sought revocation of this cancellation under section 501CA(4)(b) of the Act, arguing there was "another reason" why the cancellation should be revoked. The Administrative Appeals Tribunal was required to determine whether such a reason existed.

The Tribunal was tasked with considering whether there was an "other reason" to revoke the mandatory visa cancellation, as contemplated by section 501CA(4)(b) of the *Migration Act 1958* (Cth). This involved assessing various factors, including the primary considerations outlined in Ministerial Direction No. 99, such as the protection of the Australian community, the strengths, nature, and duration of the applicant's ties to Australia, and the best interests of any minor children affected by the decision. The Tribunal had to weigh the seriousness and nature of the applicant's offending against his rehabilitation efforts, his family ties in Australia, and the impact of cancellation on his nieces and nephews.

In its reasoning, the Tribunal acknowledged the significant period of offending by the applicant. However, it placed substantial weight on the evidence of his family ties in Australia, his extensive rehabilitation efforts supported by both lay and expert witnesses, and his contributions to a community organisation over several years. The Tribunal also considered the best interests of the applicant's four nieces and nephews, noting his close relationship with them, his past involvement in their lives, and his desire to support his eldest niece, who was pregnant. The Tribunal concluded that these factors collectively constituted "another reason" to revoke the mandatory visa cancellation. Consequently, the Tribunal set aside the decision under review and revoked the visa cancellation.