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

This matter concerned an appeal by the Applicant, MCGQ, against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision to refuse to revoke the mandatory cancellation of his visa under section 501(3A) of the Migration Act 1958 (Cth). The appeal was heard by the Hon. John Pascoe AC CVO, Deputy President.

The court was required to determine whether the delegate's decision to refuse to revoke the mandatory cancellation of the Applicant's visa was correct and preferable. This involved considering the primary considerations, including the protection of the Australian community and the best interests of the Applicant's minor children, as well as other relevant considerations such as the Applicant's links to the Australian community and international non-refoulement obligations.

The Deputy President found that while the Applicant had a very long and serious criminal history, including violence, theft, fraud, and drug-related offences, and demonstrated a disregard for the law, the balance of considerations weighed in favour of revoking the cancellation. This was influenced by the Applicant's strong family ties in Australia, including his de facto relationship and two young daughters, his ongoing grief over his father's recent death, and his stated desire to support his mother. The Deputy President also noted the potential impact of removal on his daughters and the possibility of indefinite detention in Afghanistan, which engaged international non-refoulement obligations.

Consequently, the Deputy President set aside the delegate's decision and substituted a new decision revoking the mandatory cancellation of the Applicant's visa.