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

The Administrative Appeals Tribunal considered the mandatory cancellation of the applicant's, MJMG, Class XB subclass 202 (Global Special Humanitarian) visa. MJMG is a citizen of South Sudan and had failed to pass the character test due to a lengthy and diverse criminal history. The central dispute was whether there was "another reason" why the mandatory cancellation of his visa should be revoked, taking into account his diagnosed mental health condition and the potential impediments to his removal from Australia.

The Tribunal was required to determine whether MJMG's diagnosed mental health condition, coupled with other factors, constituted another reason to revoke the mandatory visa cancellation. This involved assessing the primary considerations outlined in the relevant Direction, specifically the protection of the Australian community, the best interests of minor children in Australia affected by the decision, and any other substantial grounds. The Tribunal had to weigh the seriousness and nature of MJMG's criminal conduct against any mitigating circumstances and the potential impact of his removal on any minor children.

In its reasoning, the Tribunal acknowledged MJMG's extensive criminal history, which included multiple court appearances between 2015 and 2019, resulting in various sentences including periods of imprisonment, community correction orders, fines, and licence suspensions. The Tribunal noted that charges included breaches of community correction orders, driving offences, property and dishonesty offences, conduct offences, assault, affray, criminal damage, and intentionally causing injury. A significant sentence arose from charges of assault in pre-trial detention, driving offences, and aggravated burglary, for which MJMG received a total effective sentence of 18 months imprisonment, later reduced to 10 months on appeal, combined with a complex community correction order. The Tribunal also considered evidence regarding MJMG's diagnosed mental health condition and the potential impediments to his removal. The Tribunal found that the protection of the Australian community weighed against revocation. Regarding the best interests of minor children, the Tribunal noted that MJMG had half-siblings and numerous nieces and nephews in Australia. While submissions were made that MJMG's presence could benefit these children, particularly given his cultural role as the eldest male, the Tribunal found that MJMG had not fulfilled, and was unlikely to fulfil, a parental role with any of the minor children. The Tribunal also noted that MJMG had no direct contact with some of the younger children since at least mid-2019 due to his custody and immigration detention.

The Tribunal set aside the decision to refuse to revoke the mandatory cancellation of MJMG's visa and substituted a decision to revoke the mandatory cancellation.