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

This matter concerned an application for judicial review of a decision to affirm the mandatory cancellation of the Applicant's Bridging (Class WC Subclass 030) visa. The Applicant did not pass the character test, and the primary issue was whether there was "another reason" to revoke the mandatory cancellation decision, as contemplated by section 501CA(4) of the *Migration Act 1958* (Cth). The Applicant had a history of serious domestic violence offences against his de facto partner, including assaults involving punching, kicking, and the use of objects, resulting in significant injuries to the victim.

The court was required to determine whether the Applicant's circumstances, when assessed against the criteria in Ministerial Direction No. 90, provided a sufficient basis to revoke the mandatory cancellation of his visa. This involved weighing various considerations, including the protection of the Australian community, the Applicant's conduct, and any international non-refoulement obligations. The court also had to consider the weight to be given to primary considerations compared to other considerations under the Direction.

In its reasoning, the court found that the Applicant's conduct, which included violent assaults on his de facto partner resulting in serious injuries, was of a very serious nature. The court noted that such acts of family violence are viewed very seriously by the Australian Government and community. Applying Ministerial Direction No. 90, the court determined that the primary considerations, particularly the protection of the Australian community, outweighed other considerations. Consequently, the court concluded that there was no "another reason" to revoke the mandatory cancellation decision.

The decision under review was affirmed, meaning the mandatory cancellation of the Applicant's Bridging visa remained in effect.