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

This matter concerned an application by Mr Kelekci (the Applicant) for judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) not to revoke the mandatory cancellation of his Class BS Subclass 801 (Spouse) visa. The Applicant did not pass the character test due to his criminal offending. The case was heard by Rebecca Bellamy M in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether there was "another reason" to revoke the mandatory cancellation of the Applicant's visa, as contemplated by section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth). This required the court to consider the weight to be given to both primary and other considerations, as guided by Ministerial Direction No. 79, particularly in relation to the protection of the Australian community from harm.

The court's reasoning focused on the assessment of the Applicant's conduct against the factors outlined in Ministerial Direction No. 79. While acknowledging the Applicant's traffic offences and possession of a prohibited drug, the court found that these did not involve violence, sexual crimes, or crimes against vulnerable members of the community. The court noted that the Applicant had not committed violent or sexual crimes, nor crimes against vulnerable individuals. The court considered the cumulative effect of his offending and the risk to the community, but ultimately found that the matter was finely balanced.

Ultimately, the court determined that there was another reason to revoke the cancellation of the Applicant's visa. Consequently, the decision under review was set aside and substituted, with the court exercising its discretion to revoke the mandatory cancellation of the Applicant's visa.