Karabay and Minister for Home Affairs (Migration)

This matter concerned an application for review of a decision to affirm the mandatory cancellation of Mr Karabay's visa. The dispute arose from Mr Karabay's criminal conduct, which led to the cancellation of his visa under section 501(3A) of the *Migration Act 1958* (Cth). The Administrative Appeals Tribunal was required to consider whether there was "another reason" why the visa cancellation decision should be revoked, as provided for in section 501CA(4)(b)(ii) of the Act.

The legal issues before the Tribunal were whether Mr Karabay's visa cancellation should be revoked, notwithstanding that he failed the character test. This required the Tribunal to consider the factors for and against revocation, as outlined in Ministerial Direction No. 65, which governs the exercise of powers under section 501 of the Act. The Tribunal had to assess the primary considerations, including the protection of the Australian community, and any other relevant considerations, such as whether complementary protection might be owed.

The Tribunal's reasoning focused on the seriousness of Mr Karabay's offending, which included charges of assault on police, unlawful assault, and a conviction for recklessly causing injury. The most significant incident involved an attempted murder charge, where Mr Karabay broke into the home of a former partner, Mrs Tankir, and stabbed her multiple times, causing life-threatening injuries. A child present during the attack also sustained a superficial wound. The Tribunal considered the history of aggression and violence, including previous threats and assaults against Mrs Tankir, and the breach of intervention orders. It applied the principles in Ministerial Direction No. 65, which prioritises the protection of the Australian community and indicates a low tolerance for serious criminal conduct by non-citizens.

The Tribunal affirmed the decision to cancel Mr Karabay's visa, finding that the seriousness of his offending and the risk to the community outweighed any other considerations that might have supported revocation.