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

This matter concerned the review of two decisions: the first, a non-revocation of a mandatory cancellation of a Class XB Subclass 202 Global Special Humanitarian visa, and the second, a refusal of a Protection (Class XA) visa. The applicant, who conceded he did not pass the character test due to a prior conviction and sentence of 16 months imprisonment for armed robbery and carrying a prohibited firearm, sought to have the visa cancellation revoked and the Protection visa granted. The Tribunal had previously affirmed these decisions, but the Federal Court set aside that affirmation and remitted the matter for re-hearing.

The core legal issues before the Tribunal were whether there was "another reason" to revoke the mandatory cancellation of the applicant's humanitarian visa, and whether the discretion under s 501(1) of the *Migration Act 1958* (Cth) to refuse the Protection visa should be exercised in the applicant's favour. The Tribunal was required to consider the applicant's circumstances, including his significant ties to Australia, having arrived at the age of eight and lived there for the majority of his life, and his recent period of approximately ten months living in the community on a Bridging visa following his release from immigration detention in accordance with the High Court's decision in *NZYQ*. The Tribunal also had to apply the principles from recent High Court decisions, including *Thornton* and *Lesianawai*, which limit the reliance on non-conviction dispositions in criminal records, and consider the impact of Ministerial Direction 110, which prioritises the protection of the Australian community.

The Tribunal found that the applicant had established strong ties to Australia, having lived in the community for approximately ten months without incident and with no indication of reoffending. It also noted the applicant's traumatic childhood and his integration into Australian society, with his siblings having adopted Australia as their home and his primary carer being his older sister. Considering these factors, and in light of the applicant's release from detention and period in the community, the Tribunal was satisfied that there was another reason to revoke the mandatory cancellation of the humanitarian visa. Furthermore, the Tribunal exercised its discretion under s 501(1) to grant the Protection visa. Consequently, the decisions under review were set aside.