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

This matter concerned an application by MPZB for review of a decision to cancel his visa under section 501(3A) of the *Migration Act 1958* (Cth). The Applicant did not dispute that he failed to pass the character test. The central issue before the Administrative Appeals Tribunal was whether there was "another reason" to revoke the mandatory visa cancellation, as permitted by section 501CA(4) of the Act.

The Tribunal was required to determine whether the Applicant’s circumstances constituted an "another reason" to revoke the visa cancellation. In doing so, the Tribunal had to consider Direction No. 99, which mandates consideration of the protection of the Australian community, the best interests of minor children in Australia, and the expectations of the Australian community. The Applicant presented evidence of his traumatic past, his family connections in Australia, his rehabilitation efforts, and the potential impact on his Australian-born children if he were to be removed from the country.

In its reasoning, the Tribunal acknowledged the Applicant’s significant criminal history, including offences involving violence and deception, which spanned a considerable period. It also recognised a serious risk to the Australian community should the Applicant re-offend, particularly given the violent nature of some of his past conduct. However, the Tribunal also gave considerable weight to the evidence of a consultant psychologist, who diagnosed the Applicant with depressive disorder, substance abuse disorder, high levels of anxiety, and PTSD, stemming from childhood trauma and the loss of family members. The Tribunal noted the Applicant’s participation in a rehabilitation program and his expressed remorse and commitment to ongoing treatment. The Tribunal also considered the Applicant's strong ties to Australia, his role as a parent to two young Australian children, and the potential deleterious effect on them if he were removed from their lives, especially given their existing grief and the health issues of their current carer.

The Tribunal ultimately found that there was "another reason" to revoke the mandatory visa cancellation. The reviewable decision was set aside.