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

The Administrative Appeals Tribunal considered the case of Mr Kalolo and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the non-revocation of a mandatory cancellation of Mr Kalolo's Class TY Subclass 444 Special Category (Temporary) visa. Mr Kalolo, a New Zealand citizen, did not pass the character test due to a serious criminal record.

The Tribunal was required to determine whether there was "another reason" under section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth) to revoke the mandatory cancellation of Mr Kalolo's visa. This involved considering Ministerial Direction 99, which outlines the principles and considerations to be applied in such cases, including the protection of the Australian community and the weight to be given to countervailing factors.

The Tribunal reasoned that while Mr Kalolo had spent most of his life in Australia and had significant family ties there, these factors were not sufficient to outweigh the seriousness of his criminal conduct. The Tribunal noted that Mr Kalolo had a limited education and did not fully understand the implications of apprehended violence orders imposed upon him. However, it found that the nature of his conduct, particularly in the context of family violence, was such that even strong countervailing considerations might be insufficient to justify revoking the cancellation, as per paragraph 8.5(2) of Direction 99.

Ultimately, the Tribunal concluded that Mr Kalolo could not rely on section 501CA(4)(b)(i) of the Act for revocation. It found that, despite considering the relevant factors under section 501CA(4)(b)(ii) and Direction 99, there was no "another reason" to revoke the mandatory cancellation of his visa. The decision under review was therefore affirmed.