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

The Administrative Appeals Tribunal (the Tribunal) considered an application by JKPM (the applicant) for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) to affirm the mandatory cancellation of the applicant's Class TY Subclass 444 Special Category (Temporary) visa. The applicant did not pass the character test, which triggered the mandatory cancellation provisions under the *Migration Act 1958* (Cth). The central question before the Tribunal was whether there was "another reason" to revoke this mandatory cancellation decision.

The Tribunal was required to determine whether the applicant had established that there was another reason to revoke the mandatory cancellation of their visa, notwithstanding their failure to pass the character test. This involved a consideration of the relevant legislative provisions and the application of Ministerial Direction No. 79, which sets out the framework for considering whether to revoke a mandatory cancellation. The Tribunal had to weigh the seriousness of the character concerns against any mitigating factors presented by the applicant.

In its reasoning, the Tribunal applied the principles outlined in Ministerial Direction No. 79, which requires a holistic assessment of all relevant circumstances. The Tribunal considered the nature and seriousness of the applicant's criminal conduct, the risk of reoffending, and the best interests of any children involved. After carefully weighing these factors, the Tribunal concluded that the applicant had not demonstrated the existence of another reason that would justify revoking the mandatory cancellation of their visa. Consequently, the Tribunal affirmed the Minister's decision.