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

This matter concerned an application by a United States citizen for the revocation of the mandatory cancellation of his visa. The applicant conceded that he did not pass the character test due to having a substantial criminal record, specifically for the importation and trafficking of controlled drugs. The central issue before the Tribunal was whether there was "another reason" to revoke the cancellation decision, as required by section 501(2) of the *Migration Act 1958* (Cth).

The Tribunal was required to determine if the applicant's circumstances presented a sufficient "another reason" to revoke the mandatory visa cancellation, notwithstanding his failure to pass the character test. This involved a balancing exercise, considering the primary considerations outlined in Ministerial Direction No. 99, including the protection of the Australian community, the nature and seriousness of the applicant's conduct, and the risk of re-offending. It also required consideration of other relevant factors such as the strength, nature, and duration of the applicant's ties to Australia, the best interests of a minor child, community expectations, and the impediments to removal.

In its reasoning, the Tribunal acknowledged that community expectations weighed against revocation. However, it found that countervailing considerations in favour of revocation outweighed this primary concern. These included evidence from a psychologist suggesting the applicant had gained insight and was unlikely to re-offend, his neurodivergent condition (Asperger's Syndrome/Autism Spectrum Disorder and ADHD), his long-standing ties to Australia since childhood, and the best interests of a minor child. The Tribunal concluded that these factors, taken together, constituted "another reason" to revoke the mandatory cancellation.

Consequently, the Tribunal found that there was another reason pursuant to the Act to revoke the mandatory cancellation of the applicant's visa and set aside the decision.