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

The Administrative Appeals Tribunal (AAT) considered the case of LXHH and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the mandatory cancellation of LXHH's Class BC Subclass 100 Partner visa, which had been cancelled under section 501CA(4) of the *Migration Act 1958* (Cth) because LXHH did not pass the character test due to having a substantial criminal record.

The AAT was required to determine whether to revoke the mandatory cancellation of LXHH's visa. In making this determination, the AAT had to consider the relevant Ministerial Direction, specifically Ministerial Direction No. 90, which outlines the primary considerations to be taken into account. These included the protection of the Australian community, the seriousness of the offending and any future risk, family violence, the best interests of minor children in Australia, and the expectations of the Australian community. The AAT also had to consider other considerations, such as the extent of impediments if removed, the impact on victims, and LXHH's links to the Australian community, including the strength, nature, and duration of those ties.

The AAT applied the principles set out in Ministerial Direction No. 90. It weighed the various considerations, including the serious nature of LXHH's offending and the risk posed to the Australian community, against factors such as LXHH's ties to Australia and the best interests of any minor children. After careful consideration of all the evidence and submissions, the AAT concluded that the mandatory cancellation of the visa should not be revoked.

Consequently, the AAT affirmed the decision under review, meaning LXHH's visa cancellation remained in effect.