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

The Administrative Appeals Tribunal (AAT) considered the case of NTCV and the Minister for Immigration, Citizenship and Multicultural Affairs concerning the mandatory cancellation of the Applicant's Resident Return visa. The Applicant did not pass the character test due to serious sexual offences committed against a child. The central dispute was whether there was "another reason" to revoke the mandatory cancellation decision, despite the Applicant failing the character test.

The Tribunal was required to determine the weight to be given to various considerations under Ministerial Direction No. 99, particularly the primary considerations of protecting the Australian community and the best interests of minor children, as well as other considerations. The Applicant's offending involved intentionally sexually touching a child between 10 and 16 years old on multiple occasions. The Tribunal had to balance the seriousness of these offences against factors such as the Applicant's age, poor health, long-standing positive contributions to the Australian community, and his responsibility for a disabled adult child.

In its reasoning, the Tribunal acknowledged the inherent seriousness of sexual offences against children. However, it also noted that the specific offences, while abhorrent, did not involve elements such as coercion, penetration, or physical injury. The Tribunal considered the Applicant's limited offending history outside the specified period, his lack of a trend of increasing seriousness, and his efforts at rehabilitation through psychological counselling in detention. Crucially, the Tribunal found that while the application of Ministerial Direction No. 99 generally favoured revocation of the visa cancellation, there was "another reason" to set aside the decision.

Ultimately, the Tribunal set aside the decision under review. Instead of upholding the mandatory cancellation of the Applicant's visa, the Tribunal revoked the cancellation.