Nathanson and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application by Mr. Nathanson for the non-revocation of a mandatory cancellation of his Class TY (Subclass 444) Special Category (Temporary) visa. The cancellation was triggered by Mr. Nathanson failing to pass the character test. The Administrative Appeals Tribunal (AAT) was required to determine whether there was another reason to revoke the mandatory cancellation decision, considering Ministerial Direction No. 90.

The central legal issue before the Tribunal was whether, in light of Ministerial Direction No. 90, the mandatory cancellation of Mr. Nathanson's visa should be revoked. This required the Tribunal to assess the primary and other considerations outlined in the Direction, including the protection of the Australian community, the nature of Mr. Nathanson's conduct, the best interests of minor children, and the expectations of the Australian community.

The Tribunal's reasoning focused on assessing Mr. Nathanson's capacity to reintegrate into the community without re-offending or returning to substance abuse. The Senior Member questioned Mr. Nathanson about his plans for remunerative employment, his willingness to re-engage with his family, and his ability to cope with life's difficulties without resorting to drugs. The Tribunal considered Mr. Nathanson's assertion that he had abstained from drugs and alcohol for a significant period and that this abstinence would continue upon his return to the community, despite facing stressors. The Tribunal ultimately found that there was another reason to revoke the mandatory cancellation decision.

The Tribunal set aside the decision under review and substituted it with a decision to revoke the mandatory cancellation of Mr. Nathanson's visa.