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

This matter concerned an application for review of a delegate's decision to refuse to revoke the cancellation of Mr Maka's visa. Mr Maka's visa had been cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to his substantial criminal record, having been sentenced to an aggregate term of four years imprisonment for aggravated break and enter and destroy or damage property offences. Mr Maka sought revocation of this cancellation, arguing there was "another reason" why the cancellation should be revoked, as permitted by section 501CA(4)(b)(ii) of the Act. The Administrative Appeals Tribunal, standing in the place of the Minister, was required to determine if such a reason existed.

The sole issue before the Tribunal was whether it was satisfied that there was "another reason" to revoke the visa cancellation. This required the Tribunal to consider various factors, including the strength, nature, and duration of Mr Maka's ties to the Australian community, and the best interests of his minor siblings. The Tribunal was directed to give considerable weight to the fact that Mr Maka had been ordinarily resident in Australia during and since his formative years, irrespective of the timing or severity of his offending.

The Tribunal found that Mr Maka's strong ties to the Australian community constituted "another reason" for revoking the cancellation. He had resided in Australia since the age of eight, with his parents and siblings. His immediate and extended family, including his mother, father, six brothers, and sister, all lived in Australia, with some likely holding indefinite rights to remain. The Minister conceded that these family members would be adversely affected by Mr Maka's removal to New Zealand, as they would lose his day-to-day presence. The Tribunal also noted Mr Maka's contributions to the community through employment, religious organisations, schooling, and sport, and his friendships in Australia. The Tribunal concluded that these factors, along with the best interests of his three younger brothers and younger sister, provided sufficient grounds to revoke the visa cancellation.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision revoking the cancellation of Mr Maka's visa.