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

This matter concerned an application to the Administrative Appeals Tribunal for review of a delegate's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant's visa was cancelled under subsection 501(3A) of the *Migration Act 1958* (Cth) following his conviction for aggravated kidnapping and sentence to eight years imprisonment with a non-parole period of five years and four months. The applicant sought revocation of this cancellation decision, arguing there was "another reason" under subsection 501CA(4) of the Act to do so.

The Tribunal was required to determine whether there was "another reason" under subsection 501CA(4) to revoke the visa cancellation decision, given the applicant did not pass the character test due to his serious criminal conviction. In exercising this discretion, the Tribunal was guided by Direction No. 99, which outlines a range of considerations including the protection of the Australian community, the strength, nature, and duration of the applicant's ties to Australia, the best interests of any minor children, and the expectations of the Australian community.

The Tribunal considered the applicant's criminal history, which included multiple summary offences between 2007 and 2017, culminating in the aggravated kidnapping conviction in 2020. It also weighed the applicant's ties to Australia, noting he spent his formative years there and had children, including a 17-year-old daughter who provided evidence supporting his release. The Tribunal acknowledged the significant impact of the aggravated kidnapping conviction on the protection of the Australian community, as stipulated in Direction No. 99. However, it also considered the extent of impediments the applicant would face if removed from Australia and the expectations of the Australian community.

The Tribunal ultimately set aside the decision not to revoke the visa cancellation. This outcome indicates that, despite the serious criminal conduct and the primary consideration of protecting the Australian community, the Tribunal found that the other considerations, including the applicant's ties to Australia and the best interests of his children, constituted "another reason" to revoke the cancellation decision.