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

The Administrative Appeals Tribunal considered a mandatory cancellation of a visa under section 501CA(4) of the *Migration Act 1958* (Cth). The applicant, LYPM, had their visa cancelled due to failing the character test, specifically by having a substantial criminal record. The applicant sought review of this decision.

The Tribunal was required to determine whether to revoke the mandatory cancellation of the applicant's visa. This involved assessing whether the applicant continued to satisfy the character test, considering the nature of their offending, including juvenile offending where no conviction was recorded, and their drug use. The Tribunal also had to weigh the factors outlined in Ministerial Direction No. 90, including the protection of the Australian community, the strength, nature, and duration of the applicant's ties to Australia, and any impediments to their removal from Australia.

In its reasoning, the Tribunal applied the principles set out in Ministerial Direction No. 90. It gave significant weight to the fact that the applicant's offending occurred when they were a young person and that no conviction was recorded for these offences. The Tribunal also considered the applicant's efforts to address their drug use and their established ties to Australia. Balancing these considerations against the need to protect the Australian community, the Tribunal concluded that the mandatory cancellation of the visa should be revoked. The Tribunal set aside the original decision and substituted it with a decision to revoke the visa cancellation.