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

This matter concerned an application to revoke a mandatory visa cancellation decision made under section 501CA(4) of the Migration Act. The applicant, LGLH, sought to have the cancellation revoked, arguing that there was "another reason" to do so, as contemplated by the Act. The dispute was heard by Linda Kirk SM.

The primary legal issue before the Tribunal was whether there existed "another reason" to revoke the mandatory visa cancellation decision, beyond the applicant passing the character test. This required the Tribunal to consider various factors outlined in Ministerial Direction No. 90, including the nature and seriousness of the offending conduct, the best interests of minor children, the expectations of the Australian community, and international non-refoulement obligations. The Tribunal also had to determine if the same material could be considered for multiple considerations and whether an ex-partner in a relationship breakdown qualified as a family member for the purposes of the assessment.

The Tribunal's reasoning involved a detailed examination of the applicant's personal history, including his early life experiences of displacement and abuse, his subsequent arrival and integration into Australian society, his educational pursuits, and his struggles with family separation. It also considered his behaviour in prison and immigration detention, his engagement in rehabilitation programs, and his mental health. The Tribunal applied the principles established in *Viane v The Minister for Immigration and Border Protection*, which clarified that "another reason" must be a matter of sufficient weight and significance to warrant revocation. The Tribunal noted that the applicant did not pass the character test, meaning revocation could only occur if another compelling reason was established. The Tribunal also considered the consequences of adverse decisions, including prolonged detention and impediments to removal, and the strength and duration of the applicant's ties to the Australian community.

The Tribunal found that the mandatory visa cancellation decision should be set aside and substituted with a decision to revoke the cancellation.