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

This matter concerned an application by LMHK (the Applicant) for judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) to affirm the non-revocation of a mandatory cancellation of his Class XE Subclass 790 Safe Haven Enterprise visa. The Applicant had failed to pass the character test due to multiple offences, primarily relating to domestic violence perpetrated against his partner, Ms R.

The central legal issue before the court 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 personal circumstances and the best interests of any children affected, in accordance with Ministerial Direction No. 90 (the Direction). The court was tasked with weighing the primary considerations, including the protection of the Australian community and the seriousness of family violence, against other considerations.

The court reasoned that the Applicant's offending, which included choking Ms R, breaking into her bedroom, and threatening her life, constituted very serious family violence. It found that Ms R was a vulnerable person, and that the cumulative effect of the Applicant's repeated offending, despite his denials and Ms R's stated forgiveness, presented a significant risk to the Australian community. The court applied the principles in the Direction, noting that remaining in Australia is a privilege that can be forfeited by serious conduct, and that family violence is treated with extreme seriousness. The court concluded that the primary considerations, particularly the protection of the Australian community and the seriousness of family violence, outweighed other considerations, including the severity of indefinite detention.

Consequently, the court found that there was not another reason to revoke the mandatory cancellation of the Applicant's visa, and affirmed the decision under review.