MJNN and Minister for Home Affairs (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs not to revoke the mandatory cancellation of the applicant's visa. The cancellation was based on the applicant failing to pass the character test due to a substantial criminal record. The applicant sought revocation of this decision under section 501CA of the *Migration Act 1958* (Cth).

The primary legal issues before the Tribunal were whether, on balance, the mandatory cancellation of the applicant's visa should be revoked. This required the Tribunal to consider various factors outlined in Direction No 79, including the protection of the Australian community, the nature and seriousness of the applicant's criminal offending, the risk posed to the Australian community, the best interests of the applicant's minor children, the expectations of the Australian community, the strength, nature, and duration of the applicant's ties to Australia, and the extent of impediments the applicant would face if returned to Uganda.

The Tribunal's reasoning focused on a detailed assessment of the factors under Direction No 79. It found that the consideration of the best interests of the applicant's minor children weighed against revocation, noting the applicant had three children under 18. The Tribunal also considered the nature and seriousness of the offending, the risk to the community, and the applicant's ties to Australia. The Tribunal concluded that, on balance, the factors weighed against the revocation of the visa cancellation.

Consequently, the Tribunal affirmed the reviewable decision, meaning the mandatory cancellation of the applicant's visa was not revoked.