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

This matter concerned an application for review by NTJM, a citizen of Fiji, whose spouse visa was mandatorily cancelled under the *Migration Act 1958* (Cth) due to his substantial criminal record. NTJM did not dispute that he failed to satisfy the character test. The core of the dispute was whether there was another reason to revoke the cancellation, a discretion vested in the Minister's delegate and subsequently reviewed by the Administrative Appeals Tribunal. Senior Member D. J. Morris presided over the Tribunal.

The Tribunal was required to determine whether NTJM's circumstances presented "another reason" to revoke the mandatory visa cancellation, as contemplated by section 501CA(4)(b)(ii) of the *Migration Act*. This involved considering the discretion to revoke cancellation in light of Ministerial Direction No. 99, which outlines primary and other considerations for such decisions. The Tribunal had to assess whether the applicant's conduct, his ties to Australia, the best interests of any minor children in Australia, and community expectations, among other factors, warranted the exercise of this discretion.

The Tribunal's reasoning focused on the primary consideration of protecting the Australian community from criminal or serious conduct, as mandated by paragraph 8.1 of Ministerial Direction No. 99. It found that NTJM's criminal history, which included violent offences against strangers and intimate partners, sexual crimes against a child, and acts of family violence, was exceptionally serious. The Tribunal noted the substantial custodial sentences imposed and the increasing seriousness and frequency of his offending, even in the face of previous sanctions. Applying these findings to the criteria within the Direction, the Tribunal concluded that the discretion to revoke the visa cancellation was not enlivened.

Consequently, the Tribunal affirmed the decision of the Minister's delegate not to revoke the mandatory cancellation of NTJM's visa.