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

This matter concerned an application by PCNY (the Applicant) to the Administrative Appeals Tribunal (the Tribunal) for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Respondent) not to revoke the mandatory cancellation of the Applicant's Class TY Subclass 444 Special Category (Temporary) visa. The Applicant had failed to pass the character test, triggering the mandatory cancellation of their visa.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation decision, as contemplated by the *Migration Act 1958* (Cth). In determining this, the Tribunal was required to consider and apply Ministerial Direction No. 90, which outlines the framework for assessing such matters, particularly focusing on the protection of the Australian community from criminal or other serious conduct.

The Tribunal's reasoning centred on the application of Primary Consideration 1 of Ministerial Direction No. 90, which mandates consideration of the commitment to protecting the Australian community from harm. This involved assessing the nature and seriousness of the Applicant's conduct to date and the risk of future offending. The Tribunal meticulously reviewed extensive documentation detailing the Applicant's criminal history in Australia, including court sentencing remarks, conviction reports, and correctional service records. After considering all the evidence, the Tribunal concluded that it could not exercise the discretion to revoke the cancellation of the Applicant's visa.

Consequently, the Tribunal affirmed the delegate's decision of 13 April 2021 not to revoke the mandatory cancellation of the Applicant's visa.