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

The applicant, NMHT, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the mandatory cancellation of their Class TY Subclass 444 Special Category (Temporary) visa. The visa cancellation was based on the applicant failing to pass the character test due to having a substantial criminal record, as mandated by section 501(3A) of the *Migration Act 1958* (Cth). The Administrative Appeals Tribunal (AAT) had affirmed this decision.

The central legal issue before the court was whether the AAT had erred in law when affirming the visa cancellation. Specifically, the court was required to consider whether the AAT had properly applied Ministerial Direction No. 90, which outlines the considerations to be taken into account when assessing whether to revoke a mandatory visa cancellation. This involved examining how the AAT weighed the primary considerations, including the protection of the Australian community, the seriousness of the offending and future risk, family violence, the best interests of minor children, and the expectations of the Australian community, against other considerations such as impediments to removal, impact on victims, and links to the Australian community.

The court found that the AAT had not erred in law. It reasoned that the AAT had correctly identified and applied the relevant provisions of the *Migration Act 1958* and Ministerial Direction No. 90. The AAT had demonstrably considered all the primary considerations and other relevant considerations, providing adequate reasons for its findings. The Tribunal's assessment of the weight to be given to each consideration, including the significant risk posed to the Australian community and the limited weight of the applicant's ties to Australia, was within its lawful powers. The court concluded that the AAT's decision to affirm the visa cancellation was a reasonable exercise of its jurisdiction.