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

This matter concerned an application by Mr. Khalil (the applicant) to revoke the mandatory cancellation of his visa, which had been imposed by the Minister for Immigration, Citizenship and Multicultural Affairs (the respondent) under s 501CA(4) of the Migration Act 1958 (Cth) because the applicant did not pass the character test. The applicant sought to argue that there was "another reason" why the cancellation decision should be revoked. The decision was made by Mrs J C Kelly, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether, in light of Ministerial Direction No. 99, there was another reason to revoke the mandatory visa cancellation. This involved considering various factors, including the protection of the Australian community, the strength, nature, and duration of the applicant's ties to Australia, the best interests of any minor children in Australia, the expectations of the Australian community, the legal consequences of the decision, and the extent of impediments if the applicant were removed from Australia.

In reaching its decision, the Tribunal considered the applicant's extensive criminal history, which included over 140 sentences for offences such as assaults, breaches of domestic violence orders, property destruction, and driving offences, resulting in approximately five years of imprisonment. The Tribunal also noted the applicant's long history of drug use, a diagnosis of schizophrenia, and a suspected intellectual disability. Despite the seriousness of the applicant's conduct and the risk to the community, the Tribunal found that there was "another reason" to revoke the mandatory visa cancellation, having regard to the considerations prescribed by Direction No. 99.

The Tribunal set aside the reviewable decision and substituted it with a decision that there was another reason why the mandatory visa cancellation should be revoked under s 501CA(4) of the Act.