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

This matter concerned an application for review of a decision not to revoke the mandatory cancellation of the Applicant's Bridging visa (Class WA, Subclass 010). The Applicant, a citizen of Pakistan, had his visa mandatorily cancelled under section 501(3A) of the Migration Act 1958 (Cth) due to having a substantial criminal record, specifically for dangerous driving causing death and dangerous driving causing serious injury. The review was heard by Ms A E Burke AO, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation of the Applicant's visa, as required by section 501CA(4) of the Migration Act. This involved considering the criteria outlined in Ministerial Direction 99, which mandates consideration of primary factors including the protection of the Australian community, the nature and seriousness of the Applicant's conduct, the risk to the Australian community, the best interests of minor children in Australia, and other considerations such as expectations of the Australian community and impediments to removal.

The Tribunal reasoned that while the Applicant's conduct was very serious, leading to the death of one person and serious injury to another, there was a negligible risk of reoffending. This conclusion was supported by evidence of the Applicant's insight into his offending, participation in rehabilitation programs, and a significant period of no further offences. The Tribunal also gave considerable weight to the best interests of the Applicant's two young children, who had known no other country than Australia, and the strong ties the Applicant and his family had established in Australia. The Tribunal found that these factors, when weighed against the seriousness of the original offending, constituted "another reason" to revoke the visa cancellation.

Consequently, the Tribunal set aside the decision not to revoke the mandatory cancellation of the Applicant's visa and substituted a new decision revoking the cancellation.