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

The Administrative Appeals Tribunal considered the case of Mr Nguyen and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the non-revocation of a mandatory cancellation of Mr Nguyen's Five Year Resident Return visa, which had been cancelled because he did not pass the character test. Mr Nguyen sought to have this cancellation revoked.

The Tribunal was required to determine whether there was another reason to revoke the mandatory cancellation decision, having regard to Ministerial Direction No. 90. This involved assessing the primary considerations, including the protection of the Australian community, and other considerations, such as the applicant's personal circumstances and the best interests of any children. The Tribunal also had to consider the nature and seriousness of Mr Nguyen's past conduct and the risk he posed to the community.

The Tribunal's reasoning focused on the significant improvement in Mr Nguyen's mental health due to a change in medication and the availability of ongoing treatment in Australia. It found that these factors substantially lowered his risk of re-offending. The Tribunal acknowledged Mr Nguyen's lengthy criminal history, which was associated with drug abuse and schizophrenia, but ultimately concluded that the positive changes in his health and treatment regime constituted another reason to revoke the cancellation. The Tribunal exercised its discretion under section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth).

The Tribunal set aside the decision under review and revoked the mandatory cancellation of Mr Nguyen's visa.