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

This matter concerned an application by Mr Lasalo for a review of the Minister's decision to cancel his visa under section 501(3A) of the *Migration Act 1958* (Cth) due to his failure to pass the character test. The Administrative Appeals Tribunal (the Tribunal) was required to consider whether there was "another reason" why the mandatory visa cancellation should be revoked, as provided for by section 501CA of the Act.

The Tribunal was tasked with determining whether the Applicant had demonstrated "another reason" for the visa cancellation to be revoked, having failed the character test. This required the Tribunal to consider the matters set out in Ministerial Direction 90, which outlines the factors to be taken into account when assessing whether to revoke a mandatory visa cancellation. These factors include the protection of the Australian community, the nature and seriousness of the offending conduct, the risk of reoffending, family violence, the best interests of minor children, community expectations, impediments to removal, and the strength, nature, and duration of the Applicant's ties to Australia, including business interests.

In its reasoning, the Tribunal acknowledged the importance of general deterrence and denunciation in sentencing for domestic violence offences, referencing previous judicial remarks on the seriousness with which such conduct is viewed. The Tribunal also considered the weight to be given to police reports, noting the need for caution and the requirement to afford procedural fairness by putting such material to the applicant for response, while not necessarily requiring the authors of the reports to be cross-examined. Ultimately, the Tribunal found that the Applicant had not established "another reason" for the mandatory cancellation to be revoked, and therefore affirmed the delegate's decision.