Karan and Minister for Home Affairs (Migration)

This matter concerned an application for review of a delegate's decision not to revoke the mandatory cancellation of Mr Karan's visa. The applicant had failed the character test due to a criminal record encompassing multiple offences, including violence, threats, dishonesty, drug, and traffic and property offences. The delegate, in considering whether to revoke the cancellation, was required to follow Ministerial Direction No. 65, which outlines primary and other considerations.

The Tribunal was required to determine whether there was "another reason" for the mandatory cancellation of Mr Karan's visa to be set aside. In doing so, the Tribunal had to conduct a de novo merits review, standing in the shoes of the original decision-maker and making its own decision based on the evidence before it. The primary considerations under Direction No. 65 included the protection of the Australian community, the best interests of minor children in Australia, and the expectations of the Australian community.

In assessing the protection of the community, the Tribunal was directed to consider the seriousness of the offences and the risk of reoffending. Mr Karan contended that his offending behaviour was linked to an undiagnosed bipolar disorder stemming from childhood trauma. While acknowledging the diagnosis of PTSD and some behaviours consistent with bipolar disorder, the Tribunal noted the absence of a professional diagnosis for bipolar disorder and the possibility that drug abuse might have been a more significant factor in his offending. The Tribunal was required to weigh these factors against the primary considerations, ultimately determining whether the mandatory cancellation should be revoked.