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

This matter concerned an application by NDMS (the Applicant) for the non-revocation of a mandatory cancellation of his Class XB Subclass 202 Global Special Humanitarian visa. The Applicant had failed to pass the character test. The dispute before the Administrative Appeals Tribunal was whether there was "another reason" to revoke the mandatory cancellation decision, considering Ministerial Direction No. 90. The Applicant, who is illiterate and does not speak or understand English, had a history of sexual offences against a minor.

The Tribunal was required to determine whether the Applicant's circumstances, including his background, the impact of cancellation on him and his family, and the nature of his offending conduct, constituted "another reason" to revoke the mandatory cancellation of his visa. This involved a careful weighing of the considerations outlined in Ministerial Direction No. 90, particularly the primary considerations of protection of the Australian community and the best interests of minor children, against other relevant considerations.

The Tribunal applied the principles of Ministerial Direction No. 90, which emphasises that remaining in Australia is a privilege for non-citizens and that serious conduct can lead to forfeiture of this privilege. The Tribunal noted that the Government is committed to protecting the Australian community from harm by non-citizens. In weighing the factors, the Tribunal found that the adverse impacts of visa cancellation on the Applicant and his immediate family were not as strong as the combined weight of the primary considerations weighing against revocation, specifically the protection of the Australian community and the nature of the Applicant's conduct.

Consequently, the Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of the Applicant's visa, finding that there was no other reason to do so.