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

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to revoke the mandatory cancellation of the Applicant's visa. The Applicant's visa was mandatorily cancelled under section 501(3A) of the Migration Act 1958 (Cth) because he failed the character test. The Applicant subsequently made representations seeking revocation of this decision, which were refused by a delegate of the Minister. The Applicant then sought review of that refusal in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation decision, as contemplated by section 501CA(4) of the Migration Act. This required the Tribunal to consider the weight to be given to both primary and other considerations, as outlined in Ministerial Direction No. 99. The Tribunal was required to assess the Applicant's criminal history, including a conviction for serious assault on a police officer in 1994 and numerous subsequent appearances before various courts, against the factors that might constitute "another reason" for revocation.

The Tribunal reasoned that while the Applicant's criminal history, particularly the violent offence against a police officer and subsequent convictions, were serious matters, they did not necessarily preclude revocation. Applying the principles from *Suleiman v Minister for Immigration and Border Protection* [2018] FCA 594, the Tribunal noted that "other considerations" are not inherently secondary to "primary considerations" and can, in certain circumstances, be afforded the greatest weight. The Tribunal considered the Applicant's personal circumstances and character references, finding that these constituted "another reason" to revoke the mandatory cancellation. The Tribunal ultimately set aside the delegate's decision and substituted a new decision revoking the mandatory cancellation of the Applicant's visa.