MXFR and Minister for Home Affairs (Migration)

This matter concerned an application by MXFR for the revocation of a mandatory cancellation of his visa. The Minister for Home Affairs had cancelled MXFR's visa on the grounds that he failed the character test due to having a substantial criminal record under the *Migration Act 1958* (Cth), and there was a risk of reoffending. The decision-maker was required to consider whether there was any other reason why the cancellation decision should be revoked. The case was heard by Deputy S A Forgie P.

The primary legal issue before the court was whether MXFR had established "other reasons" sufficient to warrant the revocation of the mandatory visa cancellation. This required the court to assess the weight to be given to various factors, particularly MXFR's ties to Australia and the potential impact of his removal on his family, in accordance with Direction No. 79. The court had to consider how long MXFR had resided in Australia, the strength and nature of his family and social links, and the effect of non-revocation on his immediate family members who were Australian citizens or permanent residents.

Deputy S A Forgie P reasoned that while MXFR's history of drug use and offending had diminished his ties to Australia, he had resumed contact with his partner, Ms P, and their children. The court found that MXFR's engagement with his children had been positive when he was present in their lives, and that his partner and sons had noticed a positive change in him due to coursework undertaken in prison. Furthermore, the court considered MXFR's long-standing friendship with Ms A, who provided evidence of MXFR's supportive role in her son's life during a difficult period. The court concluded that these factors, particularly the renewed family relationships and the positive impact on his children, constituted "other reasons" that justified the revocation of the visa cancellation.