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

This matter concerned an application for review of a delegate's decision not to revoke the mandatory cancellation of the Applicant's Subclass 444 Special Category (Temporary) visa. The Applicant did not pass the character test due to a substantial criminal record, having been sentenced to a term of imprisonment of 5 years and 3 months. The central issue was whether there was "another reason" to revoke the mandatory cancellation, as contemplated by subsection 501CA(4) of the Migration Act 1958 (Cth), having regard to Ministerial Direction 90.

The Administrative Appeals Tribunal was required to determine if there was another reason to revoke the mandatory cancellation of the Applicant's visa. This involved considering the factors outlined in Ministerial Direction 90, particularly concerning the Applicant's character and any other relevant considerations. The Applicant did not dispute that he failed the character test, meaning the sole focus was on whether any other compelling reasons existed for the cancellation to be revoked.

The Tribunal considered the Applicant's submissions regarding his remorse, his efforts to address his drug addiction, his employment history, and his strong family ties, including the support of his wife and children. However, the Tribunal found that the Applicant's sustained recovery from drug use was not assured, citing his use of buprenorphine in 2019, which weighed heavily against revocation. The Tribunal also examined allegations of family violence, noting that while police reports and other records indicated such allegations, the Applicant had not been convicted of any family violence offences. The Tribunal concluded that the evidence presented did not rise to the level contemplated by Direction 90 to engage this consideration as a reason for revocation. Consequently, the Tribunal set aside the delegate's decision not to revoke the mandatory cancellation and substituted a decision to revoke the cancellation.