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

This matter concerned an appeal by an Ethiopian citizen, Mr Okelo, against a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to affirm the mandatory cancellation of his Class XB Subclass 200 refugee visa. The cancellation was based on Mr Okelo failing to pass the character test due to having a substantial criminal record. The Federal Court was required to determine whether there was "another reason" for the Tribunal to revoke the mandatory cancellation of Mr Okelo's visa, as provided for under section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth).

The court was required to undertake a fresh assessment of the evidence and apply Ministerial Direction No. 99, which governed decisions regarding visa refusal and cancellation under section 501 and revocation of mandatory cancellations under section 501CA. The primary legal issue was whether the evidence presented by Mr Okelo, including his history of trauma, mental health challenges, and steps towards rehabilitation, constituted "another reason" to revoke the visa cancellation, notwithstanding his failure to pass the character test. The court had to weigh the factors for and against revocation in accordance with Direction 99.

The court considered evidence of Mr Okelo's early life trauma in Ethiopia, his ongoing mental health challenges, and his supportive family and community network in Australia. It also examined the extent of his rehabilitation, noting that while he had acknowledged his drug and alcohol issues and commenced counselling and an online course, this rehabilitation was considered to be in its early stages. The court found that Mr Okelo did not pass the character test due to his substantial criminal record, and therefore could not rely on that ground for revocation. The central task was to determine if the other considerations presented by Mr Okelo amounted to "another reason" for revocation under section 501CA(4)(b)(ii).

The court affirmed the delegate's decision not to revoke the mandatory cancellation of Mr Okelo's visa. While acknowledging the applicant's personal circumstances and efforts towards rehabilitation, the court found that these factors did not constitute "another reason" to revoke the mandatory cancellation under section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth), when considered in light of Ministerial Direction No. 99.