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

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs not to revoke the mandatory cancellation of the applicant's visa. The applicant, Mr Okoh, had his visa cancelled under subsection 501(3A) of the *Migration Act 1958* (Cth) because he did not pass the character test, having a substantial criminal record. The Administrative Appeals Tribunal was asked to determine whether there was another reason why the visa cancellation should be revoked.

The Tribunal was required to consider whether to revoke the original decision to cancel Mr Okoh's visa under subsection 501CA(4) of the Act. As Mr Okoh had a substantial criminal record, he did not pass the character test, meaning the only basis for revocation was if there was "another reason" to do so. In making this determination, the Tribunal was bound to consider Ministerial Direction No. 90, which outlines the principles and considerations relevant to visa refusal and cancellation decisions, including the protection of the Australian community, the risk of reoffending, the best interests of minor children, impediments to removal, and contributions to the Australian community.

The Tribunal considered the nature and seriousness of Mr Okoh's offending, which involved money laundering totalling $376,563.55 between September 2017 and March 2018. This conduct resulted in financial and emotional distress to victims, and the court noted the prevalence and difficulty in detecting such cybercrimes. Despite the seriousness of the offending, the Tribunal also had regard to other considerations. Evidence was presented regarding Mr Okoh's remorse, his commitment to rehabilitation, and the potential impact of his removal on his two young children born in Australia, who were Australian citizens. The Tribunal noted that Mr Okoh had been employed in roles supporting vulnerable individuals and had undertaken volunteer work.

The Tribunal ultimately decided to revoke the mandatory cancellation of Mr Okoh's visa. It found that while the offending was serious, the risk of reoffending was low, and there were significant countervailing factors, particularly the best interests of his minor children and his established links to the Australian community.