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

The Administrative Appeals Tribunal (the Tribunal) considered the mandatory cancellation of the applicant's visa by the Minister for Immigration, Citizenship and Multicultural Affairs, following serious offending by the applicant. The applicant contended that despite the serious nature of the offending, there was a low risk to the Australian community, and that the period of imprisonment and subsequent immigration detention served as a powerful deterrent. The applicant further argued that ongoing detention constituted a significant hardship and that these factors, when weighed against the primary considerations for cancellation, presented another reason to revoke the mandatory cancellation.

The central legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory visa cancellation, as contemplated by section 5001(6)(a) of the *Migration Act 1958* (Cth). This required the Tribunal to assess whether the applicant's personal circumstances, including the deterrent effect of their punishment and the hardship of ongoing detention, outweighed the public interest considerations favouring cancellation due to the serious offending.

The Tribunal reasoned that while the serious offending was a primary consideration, the applicant's substantial period of imprisonment and subsequent immigration detention had indeed acted as a powerful deterrent. Furthermore, the Tribunal found that the ongoing consequences of detention, coupled with the low risk posed to the Australian community, constituted "another reason" to revoke the mandatory cancellation. The Tribunal concluded that these considerations outweighed the primary considerations for cancellation.

Consequently, the Tribunal set aside the decision under review and substituted it with a decision to revoke the mandatory cancellation of the applicant's visa.