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

This matter concerned an application for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the applicant's Class BB Subclass 155 Five Year Resident Return visa. The cancellation was based on the applicant failing the character test due to a substantial criminal record, specifically money laundering offences. The applicant sought revocation of the cancellation, arguing there was another reason to do so.

The Tribunal was required to determine whether there was "another reason" to revoke the visa cancellation, considering the factors outlined in Direction No. 99. This involved assessing the nature and seriousness of the applicant's conduct, the strength, nature, and duration of his ties to Australia, the best interests of his minor child, and the expectations of the Australian community. The Tribunal also had to consider the legal consequences of the decision and the extent of impediments if the applicant were removed from Australia.

The Tribunal reasoned that while the applicant's money laundering offences were serious, they did not fall into the most severe categories outlined in Direction No. 99. The Tribunal gave significant weight to the applicant's strong ties to Australia, including his long-term residence, established business acumen, and his role as a parent to a young Australian child. Evidence from various witnesses, including a friend who testified to the applicant's genuine regret and efforts to change, was also considered. The Tribunal found that the protection of the Australian community did not necessitate the cancellation of the visa in these circumstances, particularly when balanced against the other factors.

The Tribunal set aside the delegate's decision and substituted it with a decision to revoke the mandatory cancellation of the applicant's visa.