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

This matter concerned an application by the Applicant for the non-revocation of a mandatory cancellation of his Class TY Subclass 444 Special Category (Temporary) visa. The Applicant sought to have the cancellation revoked, arguing that he passed the character test and that there was another reason why the decision to cancel his visa should be revoked. The case was heard by A Julian-Armitage M.

The court was required to determine whether the Applicant met the character requirements for remaining in Australia, specifically considering his criminal history and the risk of re-offending. This involved an assessment of the seriousness of his past conduct, the potential harm to the Australian community if he were to re-offend, and the extent of any rehabilitation undertaken. The court was also required to apply the principles set out in Ministerial Direction No. 90, which provides a framework for decision-makers when considering character concerns under sections 501 and 501CA of the *Migration Act 1958* (Cth).

The court reasoned that while the Applicant had expressed remorse and undertaken some rehabilitation programs, there were unresolved underlying issues, particularly his drug use. The court found that the Applicant's drug of choice, methamphetamine, caused serious addiction, and that he would require intensive ongoing rehabilitation to mitigate the risk of re-offending when faced with adverse life events. Despite the Applicant's participation in some programs while incarcerated, the court noted a lack of independent clinical evidence to support his rehabilitation and assessed his risk of further offending as relatively high. The court concluded that the Applicant's unlawful conduct was "very serious" and that the potential harm to individuals and the Australian community if he were to re-offend would be significant.

Ultimately, the court set aside the original decision to cancel the Applicant's visa and substituted it with a decision revoking that cancellation.