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

The Administrative Appeals Tribunal considered the case of LMRD and the Minister for Immigration, Citizenship and Multicultural Affairs concerning a mandatory visa cancellation. The applicant, LMRD, had failed to pass the character test, leading to the cancellation of their visa. The central dispute revolved around whether there was "another reason" why the visa cancellation should be revoked, as contemplated by the relevant migration legislation and Ministerial Direction No. 99.

The Tribunal was required to determine the weight and application of Ministerial Direction No. 99 in assessing whether to revoke the mandatory visa cancellation. Specifically, the Tribunal had to consider the nature and seriousness of the offending conduct, the protection of the Australian community, the strength, nature, and duration of the applicant's ties to Australia, the best interests of any minor children in Australia, the expectations of the Australian community, and the legal consequences of the decision, including any impediments to removal. The Tribunal also had to consider whether there was a risk of the applicant engaging in further serious conduct.

The Tribunal reasoned that while decision-makers are bound to consider the factors set out in Ministerial Direction No. 99, they are not limited to those considerations. The Direction provides guidance on the relative weight of these factors but does not impose a formulaic approach. The Tribunal affirmed that the weight given to each consideration is a matter for the decision-maker, who must examine the merits of the individual case. The Tribunal noted that phrases within the Direction, such as "should generally be given greater weight," are intended to provide guidance rather than dictate a rigid outcome. Ultimately, the Tribunal concluded that, having regard to all relevant material, the correct and preferable decision was not to revoke the cancellation of the applicant's visa.

The Tribunal affirmed the decision under review, meaning the visa cancellation remained in effect.