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

This matter concerned an application by Kim to the Administrative Appeals Tribunal (the Tribunal) seeking revocation of the mandatory cancellation of his Partner visa. The cancellation was based on Kim failing to pass the character test due to his criminal conduct. The core of the dispute revolved around whether there was "another reason" why the visa cancellation should be revoked, as contemplated by the relevant provisions of the *Migration Act 1958* (Cth) and Ministerial Direction No. 99.

The Tribunal was required to determine the weight to be given to various considerations outlined in Ministerial Direction No. 99, including the nature and seriousness of the offending conduct, the protection of the Australian community, the strength and duration of ties to Australia, the best interests of minor children, community expectations, and impediments to removal. The Tribunal also had to consider whether the Applicant's remorse and attempts to address his alcohol misuse constituted "another reason" sufficient to warrant the revocation of the visa cancellation.

The Tribunal reasoned that while decision-makers are bound to consider the matters set out in Ministerial Direction No. 99, they are not limited to those considerations. The Direction provides guidance on the relative weight of considerations but does not impose a formulaic approach. The ultimate weight to be given to any particular matter is for the decision-maker to determine based on the specific evidence of the case. The Tribunal acknowledged the Applicant's remorse and efforts to address his alcohol misuse. However, after considering all the relevant material, the Tribunal was satisfied that the nature and seriousness of the offending conduct, and the need to protect the Australian community, outweighed these mitigating factors.

Consequently, the Tribunal affirmed the decision to cancel Kim's Partner visa and did not revoke the cancellation.