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

The Administrative Appeals Tribunal (AAT) considered the case of Kanneh and the Minister for Immigration, Citizenship and Multicultural Affairs. The applicant, a citizen of Liberia, had his Class XB Subclass 200 Refugee visa mandatorily cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to having a substantial criminal record. The delegate of the Minister subsequently decided not to revoke this cancellation. The applicant sought review of the delegate's decision before the Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" why the mandatory cancellation of the applicant's visa should be revoked, as contemplated by section 501CA(4) of the *Migration Act*. In determining this, the Tribunal was required to apply Ministerial Direction No. 90, which outlines the considerations for assessing whether to revoke a mandatory visa cancellation. This involved evaluating the protection of the Australian community from criminal or other serious conduct, and the applicant's character.

The Tribunal reasoned that while the applicant had a significant criminal history, including serious offences, it was necessary to consider all relevant factors under Ministerial Direction No. 90. The Tribunal gave weight to the evidence presented regarding the applicant's family background, his relationship with his nephew who requires care, and the potential discrimination he might face if returned to Liberia. After considering these factors in conjunction with the applicant's offending history and the risk to the Australian community, the Tribunal concluded that there was another reason to revoke the cancellation. Consequently, the Tribunal set aside the delegate's decision and substituted a decision revoking the original visa cancellation.