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

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking to revoke the mandatory cancellation of his visa. The applicant, a citizen of the Philippines who had resided in Australia since childhood, failed the character test due to a substantial criminal record, including numerous convictions for breaches of family violence restraining orders and other offences. The Minister's delegate had previously decided not to revoke the visa cancellation.

The primary legal issues before the Tribunal were whether the applicant passed the character test, and if not, whether there was "another reason" why the decision to cancel his visa should be revoked under section 501CA(4)(b) of the *Migration Act 1958* (Cth). The Tribunal was required to consider Ministerial Direction 90, which outlines the framework and considerations for such decisions, including the protection of the Australian community, the nature and seriousness of the applicant's conduct, and the impact on victims.

The Tribunal found that the applicant did not pass the character test, as defined by section 501(6) and (7) of the Act, due to his substantial criminal record. Consequently, the decision to revoke the cancellation could only be made if there was "another reason" under section 501CA(4)(b)(ii). In assessing this, the Tribunal considered the serious nature of the applicant's repeated acts of family violence, which are viewed very seriously by the Australian Government and community. However, the Tribunal also gave significant weight to the impact on victims, noting that the victim of the offending supported the revocation of the visa cancellation. The Tribunal concluded that, in light of all the circumstances, including the victim's wishes and the applicant's long residence in Australia, there was another reason to revoke the visa cancellation.

Accordingly, the Tribunal set aside the decision not to revoke the mandatory cancellation of the applicant's visa and substituted a decision to revoke the cancellation.