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

This matter concerned an appeal by LMSL against a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs regarding the mandatory cancellation of the applicant's visa. The dispute centred on whether there was "another reason" to revoke the mandatory cancellation decision under section 501CA(4) of the *Migration Act 1958* (Cth). The case was heard by Deputy President Britten-Jones.

The legal issue before the Tribunal was to determine if there existed "another reason" to revoke the mandatory visa cancellation, as contemplated by section 501CA(4)(b)(ii) of the *Migration Act*. The applicant conceded that he did not pass the character test due to having a substantial criminal record, meaning he could not rely on the provision that the visa holder passes the character test. Therefore, the Tribunal was required to assess the factors for and against revoking the cancellation, considering the applicant's representations.

The Tribunal's reasoning involved evaluating the applicant's personal circumstances, including a traumatic childhood in Iraq marked by discrimination and violence, and his subsequent difficulties in Australia, such as drug use and criminal offending. The Tribunal considered the primary considerations of protecting the Australian community and the expectations of the community, weighed against countervailing considerations. Ultimately, the Tribunal found that the significant impediments and serious risk of harm if the applicant were removed to Iraq, coupled with other countervailing factors, outweighed the primary considerations.

The Tribunal set aside the original decision to cancel the applicant's visa.