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

This matter concerned an application for review by LWZB, a citizen of Afghanistan, against a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to cancel his resident return visa under section 501(3A) of the *Migration Act 1958* (Cth). LWZB had previously held a global special humanitarian visa. Following the cancellation of his visa, LWZB requested that the mandatory cancellation be revoked, but a delegate of the Minister decided not to revoke it. LWZB then sought review of this decision before the Administrative Appeals Tribunal (AAT).

The AAT was required to determine whether there was "another reason" to revoke the mandatory cancellation of LWZB's visa, having regard to the Ministerial Direction No. 99. This involved considering the primary considerations outlined in the Direction, including the protection of the Australian community, the nature and seriousness of LWZB's conduct, and the risk to the community. The Tribunal also had to consider other relevant factors, such as the best interests of any minor children in Australia, the expectations of the Australian community, and any impediments to removal or likelihood of prolonged detention.

The Tribunal reasoned that while the Ministerial Direction required certain considerations to be taken into account, it did not confine the Tribunal's task to those alone. The Tribunal found that LWZB had committed sexual crimes against a female child, a primary consideration under the Direction. The offending involved exchanges of sexually explicit messages and arrangements to meet with a complainant who was 15 years old at the time. Despite the seriousness of this conduct, the Tribunal also considered other factors, including LWZB's links to Australia and the potential for prolonged detention.

Ultimately, the Tribunal decided to set aside the delegate's decision not to revoke the visa cancellation. In substitution, the Tribunal decided that the mandatory cancellation of LWZB's resident return visa should be revoked under section 501CA(4)(b)(ii) of the *Migration Act*. This decision was made operative from a specified date to allow for logistical arrangements.