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

This matter concerned an application for review of a mandatory visa cancellation decision made under subsection 501(3A) of the *Migration Act 1958* (Cth). The applicant, who had a substantial criminal record and did not pass the character test, sought revocation of the cancellation under subsection 501CA(4) of the Act. The Administrative Appeals Tribunal was tasked with determining whether there was another reason why the visa cancellation should be revoked.

The primary legal issue before the Tribunal was whether the applicant had established "another reason" why the mandatory visa cancellation decision should be revoked, as contemplated by subsection 501CA(4)(b)(ii) of the *Migration Act*. In making this determination, the Tribunal was required to consider the relevant "primary considerations" and "other considerations" as outlined in Direction No. 90. This involved assessing the protection of the Australian community, the best interests of minor children, and the expectations of the Australian community, alongside other relevant factors.

The Tribunal's reasoning focused on the seriousness of the applicant's criminal offending, which included family violence offences and a non-consensual sexual act. It found that these offences were very serious and posed a medium to high risk of future criminal conduct, thereby weighing strongly against revocation in favour of protecting the Australian community. While the Tribunal acknowledged that the best interests of the applicant's children and his links to the Australian community weighed in favour of revocation, it concluded that these factors did not outweigh the significant concerns regarding community safety and the expectations of the Australian public regarding serious offenders.

Ultimately, the Tribunal was not satisfied that there was another reason to revoke the mandatory visa cancellation decision. Accordingly, the Tribunal affirmed the decision to refuse to revoke the visa cancellation.