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

The applicant, LVSW, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to cancel his visa under subsection 501(2) of the *Migration Act 1958* (Cth). The dispute centred on whether the applicant passed the character test or if there was another reason to revoke the visa cancellation decision. The matter was heard by Deputy B W Rayment Oam Kc P.

The court was required to determine whether the applicant met the character test, and if not, whether there were other considerations that warranted revoking the decision to cancel his visa. This involved a detailed examination of the primary and other considerations outlined in Direction 90, including the applicant's personal circumstances, his family responsibilities, and potential non-refoulement obligations.

The court reasoned that the applicant had significant paternal obligations towards his two young sons, requiring him to have a source of income to meet child support obligations and to be present in their lives. Furthermore, the applicant played a crucial role as the senior male member of his extended family, providing guidance and support to numerous minor nephews and nieces, some of whom had single mothers or mental health issues. The court also considered the applicant's serious health condition, type 1 diabetes, and the inadequate healthcare system in South Sudan, which posed a significant risk to his life if he were returned. These factors, particularly the risk of personal harm and the potential breach of Australia's treaty obligations, weighed heavily against the visa cancellation. The court found that the decision under review was not sound and therefore set it aside, substituting it with a decision to revoke the cancellation.