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

The matter before the court concerned an application by LLGW (the Applicant) to review the decision not to revoke the mandatory cancellation of his visa. The Applicant had failed to pass the character test, triggering the mandatory cancellation. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Respondent) was the relevant decision-maker. The case was heard by Rebecca Bellamy M.

The central legal issue was whether there was "another reason" to revoke the mandatory cancellation of the Applicant's visa, as contemplated by the Migration Act 1958 (Cth). This required the court to consider the Applicant's circumstances in light of Ministerial Direction No. 90, which outlines the primary and other considerations to be taken into account when assessing whether to revoke such a cancellation. Specifically, the court had to weigh the seriousness of the Applicant's past offending against other factors, including his background, rehabilitation efforts, and ties to the Australian community.

The court reasoned that while the Applicant had a significant criminal record, including drug offences and breaches of bail, many of these occurred many years ago and did not involve violence. The court noted the Applicant's explanation for his early violent offending, attributing it to a desire to emulate his father, and highlighted that he had not re-offended violently since that time. Furthermore, the court gave considerable weight to the extensive evidence of support from friends, family, and community members, who testified to the Applicant's positive character, his contributions to the community, and his efforts towards rehabilitation. The court found that these factors, particularly in light of the Applicant's long-standing ties to Australia and the positive impact he had on those around him, constituted "another reason" to revoke the visa cancellation.

Consequently, the court set aside the decision under review and exercised its discretion under section 501CA(4)(b)(ii) of the Migration Act 1958 (Cth) to revoke the mandatory cancellation of the Applicant's visa.