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

This matter concerned an appeal by Mr Mateo against the mandatory cancellation of his visa, which was based on him not satisfying the character test. The Administrative Appeals Tribunal was required to determine whether there was "another reason" for the cancellation decision to be revoked, considering the factors outlined in Direction No. 90.

The Tribunal considered several factors in its determination. These included Mr Mateo's history of frequent offending, alcohol misuse, and the potential risk to the Australian community if he reoffended while under the influence of alcohol. The Tribunal also weighed the impact of family violence, noting it was not directed at his partner's person, and assessed the risk of reoffending as low. Crucially, the Tribunal gave significant weight to Mr Mateo's links to the Australian community, his commitment to his three Australian children, and the positive impact his removal would have on his fiancée.

In its reasoning, the Tribunal accepted Mr Mateo's evidence regarding his efforts to address his alcohol abuse and his genuine commitment to his children and fiancée. It found that while his offending history was antisocial and involved alcohol abuse, the risk of a return to such abuse was low. The Tribunal concluded that, on balance, the interests of Mr Mateo's children and his positive relationship with his fiancée constituted "another reason" to revoke the cancellation decision. Consequently, the Tribunal set aside the cancellation decision and substituted a decision revoking the cancellation of Mr Mateo's visa.