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

This matter concerned an application to the Administrative Appeals Tribunal for the revocation of a mandatory visa cancellation. The applicant, a citizen of Tonga who had resided in Australia since the age of 12, had been convicted of three offences of a serious sexual nature. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the respondent.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation of the applicant's visa, as required by the *Migration Act 1958* (Cth). This involved considering the criteria set out in Direction No. 79, which guides the exercise of this discretion. The Tribunal was required to weigh various considerations, including any non-refoulement obligations, the strength and duration of the applicant's ties to Australia, the impact on Australian business interests, the impact on victims, and the extent of impediments the applicant might face if removed from Australia.

The Tribunal reasoned that while the applicant had resided in Australia for a significant period, this was outweighed by the seriousness of his offending. The facts of the offences, which involved sexual acts with a young cousin, were particularly grave. The Tribunal noted that while non-refoulement obligations are a primary consideration, they must be weighed against the seriousness of the criminal conduct. In this instance, the Tribunal found that the matters referred to in Consideration 1 (seriousness of offending) and Consideration 3 (impact on victims) weighed so strongly against the applicant that there was no other reason to substitute a different decision.

Consequently, the Tribunal affirmed the decision under review, meaning the mandatory cancellation of the applicant's visa was not revoked.