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

This matter concerned an application by a citizen of Vietnam for review of a decision by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs not to revoke the mandatory cancellation of his Class BS Subclass 801 Partner visa. The visa cancellation was triggered by the applicant's conviction for recklessly causing serious injury, for which he received a three-year prison sentence. The applicant conceded that he did not pass the character test.

The Administrative Appeals Tribunal was required to determine whether there was "another reason" to revoke the mandatory visa cancellation, as contemplated by section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth). This involved considering the principles established in *Bettencourt* and *Viane*, which require a genuine and substantial consideration of any clearly expressed claims that there is a particular reason for revocation.

The Tribunal considered the applicant's personal circumstances, including his age at the time of the offence (20 years old), his remorse, his positive family relationships and support, and his efforts to address his past issues. It also had regard to Ministerial Direction No. 99, which outlines considerations for protecting the Australian community and the nature and seriousness of offending. The Tribunal found that the applicant's circumstances, particularly his strong family ties and the support offered by them, constituted "another reason" to revoke the cancellation decision.

The Tribunal set aside the delegate's decision and substituted a new decision revoking the mandatory cancellation of the applicant's visa.