Patterson and Minister for Home Affairs (Migration)

Rhys Jonathan Patterson (the Applicant) sought judicial review of the Minister for Home Affairs' decision to affirm the mandatory cancellation of his Class TY Subclass 444 Special Category (Temporary) visa. The Applicant had failed to pass the character test due to being sentenced to 12 months imprisonment. The central dispute concerned whether there was "another reason" to revoke the cancellation of his visa, as contemplated by the *Migration Act 1958* (Cth).

The court was required to determine whether the Applicant had established "another reason" to revoke the mandatory cancellation of his visa. This involved considering the Applicant's extensive criminal history, the nature and seriousness of his conduct, and the risk to the Australian community. The court also had to apply the considerations outlined in Ministerial Direction No 79, specifically regarding the protection of the Australian community.

In reaching its decision, the court considered the Applicant's significant criminal history, which spanned numerous convictions for offences including stealing, fraud, public nuisance, and assaulting police, occurring between June 2009 and September 2018. The court noted the Applicant's acceptance of his extensive offending and the harm it had caused. The court found that the Applicant had not demonstrated "another reason" to revoke the visa cancellation, particularly in light of the primary consideration of protecting the Australian community. The court concluded that remaining in Australia is a privilege for non-citizens, which carries an expectation of law-abiding behaviour and respect for institutions.

The court affirmed the decision under review, meaning the mandatory cancellation of the Applicant's visa was not revoked.