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

The case of *Kalinov and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)* concerned an application to revoke a mandatory visa cancellation. The applicant, a Bulgarian citizen, had failed to pass the character test due to a substantial criminal record, specifically having been sentenced to a term of imprisonment exceeding 12 months. The Minister had made a decision under s 501(3A) of the *Migration Act 1958* (Cth) to cancel the applicant's visa. The applicant sought revocation of this decision under s 501CA of the Act.

The primary legal issue before the court was whether there was "another reason" why the mandatory visa cancellation should be revoked, as provided for in s 501CA(4)(b)(ii) of the *Migration Act*. This was the sole avenue for revocation available to the applicant, as he did not pass the character test. The court was required to consider the factors outlined in Direction 99, which provides guidance to decision-makers on visa refusal and cancellation.

In its reasoning, the court applied the principles set out in Direction 99, particularly those concerning the protection of the Australian community and the best interests of minor children. The court considered the strength, nature, and duration of the applicant's ties to Australia, as well as the impact of his removal on his minor children. The court also assessed the risk of reoffending and the nature and seriousness of the applicant's past conduct, including drug offences, assault, and breaches of bail conditions. The court found that, despite the applicant not passing the character test, there was another reason to revoke the visa cancellation.

Consequently, the court set aside the original decision to cancel the applicant's visa and substituted it with a decision to revoke the cancellation.