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

This matter concerned an application by MCCN, an Iraqi citizen, for the revocation of the mandatory cancellation of his visa under section 501CA of the *Migration Act 1958* (Cth). The applicant, who arrived in Australia as a child, had a significant criminal record. The dispute before the Administrative Appeals Tribunal was whether there was "another reason" to revoke the mandatory cancellation, having regard to Ministerial Direction 79.

The Tribunal was required to determine whether the mandatory cancellation of the applicant's visa should be revoked. This involved considering the principles outlined in Ministerial Direction 79, including the protection of the Australian community, the applicant's ties to Australia, and the consequences of cancellation for his family, particularly his younger brother. The Tribunal also had to assess the risk of harm to the applicant if he were returned to Iraq, including the potential impact on his mental health and substance abuse issues, and whether such a risk engaged Australia's non-refoulement obligations.

The Tribunal reasoned that while the applicant's criminal offending was serious and weighed heavily in favour of not revoking the cancellation due to the need to protect the Australian community, other significant considerations favoured revocation. These included the real risk of serious harm to the applicant if returned to Iraq, engaging non-refoulement obligations, and the substantial impediments he would face in that country, including accessing healthcare. The Tribunal also acknowledged the applicant's long-standing ties to Australia and the impact on his younger brother, whose best interests were considered to be served by revocation, albeit moderated by the applicant's limited role in his brother's day-to-day life. Ultimately, the Tribunal was satisfied that these countervailing considerations, particularly the risk of harm to the applicant and the impact on his brother, constituted "another reason" to revoke the cancellation.

The Tribunal revoked the mandatory cancellation of the applicant's visa.