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

This matter concerned an application for review of a mandatory visa cancellation under section 501(3A) of the *Migration Act 1958* (Cth). The applicant, JZJR, did not pass the character test due to a substantial criminal record. The central issue before the Administrative Appeals Tribunal was whether there was "another reason" to revoke the mandatory cancellation, as permitted by section 501CA(4) of the Act. The Tribunal was required to consider the factors outlined in Direction No. 99, including the protection of the Australian community, the presence of family violence, the applicant's ties to Australia, and the best interests of minor children.

The Tribunal was tasked with determining whether the applicant's circumstances warranted the revocation of his visa cancellation, despite his failure to meet the character requirements. This involved a detailed assessment of the applicant's offending conduct, the risk of reoffending, his familial relationships in Australia and the United Kingdom, and the impact of removal on his minor grandchildren. The Tribunal also considered the applicant's remorse and his efforts to atone for his past behaviour.

In its reasoning, the Tribunal acknowledged the extreme seriousness of the applicant's sexual offences against a child, which constituted family violence. However, it also noted that the applicant had been assessed as being at a low risk of reoffending by both a forensic psychologist and corrective services. The Tribunal found that the applicant had very strong ties to Australia, having lived there since the age of one, with no significant connections to the United Kingdom. While the applicant's contact with his children and grandchildren was limited, particularly due to an apprehended domestic violence order, the Tribunal accepted that his removal would have serious detrimental consequences for his elderly and unwell sister, with whom he had a close and supportive relationship. The Tribunal ultimately found that the strength of the applicant's ties to Australia and the potential detrimental impact on his sister weighed in favour of revoking the visa cancellation.