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

The Administrative Appeals Tribunal considered the case of Lukasa and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the mandatory cancellation of the Applicant's Class XB (Subclass 200) Refugee Visa, which was based on his substantial criminal history. The Applicant sought to have this cancellation revoked, arguing that there was "another reason" to do so.

The Tribunal was required to determine whether there was another reason to revoke the mandatory cancellation of the Applicant's visa, considering Ministerial Direction No 90. This involved assessing the nature and seriousness of the Applicant's conduct, including his history of violent and drug offences, family violence, and assaulting police, against the risk he posed to the Australian community. The Tribunal also had to consider whether any non-refoulement obligations were enlivened.

In its reasoning, the Tribunal applied the principles outlined in Ministerial Direction No 90, particularly concerning the protection of the Australian community. It noted that the Applicant's criminal history, which included violent and drug-related offences, was viewed very seriously. While the Applicant presented personal circumstances, including his struggles with alcohol addiction and his family ties in Australia, the Tribunal found that these did not constitute "another reason" to revoke the mandatory cancellation. The Tribunal concluded that the Applicant's conduct and the risk he posed to the community outweighed any mitigating factors presented.

Ultimately, the Tribunal affirmed the decision of the Respondent, dated 3 November 2021, meaning the mandatory cancellation of the Applicant's visa was not revoked.