KDFF and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision to refuse to revoke the mandatory cancellation of the applicant's visa under section 501(3A) of the *Migration Act 1958* (Cth). The applicant did not pass the character test, and the Administrative Appeals Tribunal (the Tribunal) was required to determine whether there was 'another reason' to revoke the cancellation, considering Ministerial Direction No. 99.

The Tribunal was tasked with determining whether the applicant's visa cancellation should be revoked, taking into account the primary considerations outlined in Ministerial Direction No. 99, including the protection of the Australian community, the best interests of minor children in Australia, and the legal consequences and impediments to removal. The applicant's history of criminal offending, including domestic violence, affray, and dishonesty offences, was a central focus, as was his relationship with his daughter and his partner.

The Tribunal reasoned that while the applicant's criminal conduct was serious and warranted consideration, a holistic assessment of all the evidence led to the reluctant conclusion that the mandatory cancellation should be revoked. This decision was informed by the applicant's stated commitment to his daughter, his financial support of his family, and his assertion of positive changes in his behaviour. The Tribunal weighed these factors against the need to protect the Australian community, ultimately finding that revocation was appropriate.

Consequently, the Tribunal set aside the decision to refuse to revoke the mandatory visa cancellation and, in substitution, decided that the cancellation of the applicant's visa was revoked.