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

This matter concerned an application by Mr Nyemah for the non-revocation of the mandatory cancellation of his Class XB Subclass 200 Refugee visa. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs opposed the application. The decision was made by Illingworth SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether there was "another reason" to revoke the mandatory cancellation of Mr Nyemah's visa, pursuant to section 501CA(4)(b) of the Migration Act 1958 (Cth), given that he did not pass the character test due to his serious criminal record. This involved considering the factors outlined in Ministerial Direction 90, specifically the protection of the Australian community, the nature and seriousness of the applicant's conduct, and other relevant considerations.

The Tribunal reasoned that while the protection of the Australian community and the seriousness of Mr Nyemah's offending, including family violence, weighed in favour of the respondent, there were unique personal circumstances that warranted significant weight. These included his traumatic experiences in Liberia and a refugee camp, undiagnosed PTSD, self-medication leading to substance abuse, and hallucinations impacting his conduct. The Tribunal found that these factors, along with the best interests of minor children and Mr Nyemah's links to the Australian community, constituted "another reason" to revoke the visa cancellation.

The Tribunal ordered that the decision to refuse to revoke the mandatory cancellation of Mr Nyemah's visa be set aside and substituted with a decision to revoke the cancellation.