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

This matter concerned an application for review of a decision by the Minister's delegate to refuse to revoke the mandatory cancellation of the applicant's visa. The applicant failed the character test under section 501 of the *Migration Act 1958* (Cth) due to a substantial criminal record, specifically a conviction for a sexual offence for which he was sentenced to five years imprisonment. The delegate found there was no other reason to revoke the cancellation. The Tribunal was required to determine whether there was "another reason" to revoke the visa cancellation, applying Ministerial Direction No. 79.

The Tribunal considered the primary considerations outlined in Direction No. 79, including the protection of the Australian community from criminal or other serious conduct. It noted the seriousness of the applicant's sexual offence, which was committed in circumstances of aggravation and violence against his former wife, and occurred in the context of pre-existing domestic violence. The Tribunal also considered the applicant's failure to disclose prior criminal convictions on his citizenship application. The Tribunal weighed these factors against other considerations, such as the strength, nature, and duration of the applicant's ties to Australia, and the impact of his removal.

The Tribunal found that the seriousness of the applicant's offending, particularly the sexual assault and the pattern of domestic violence, weighed heavily against revocation. The fact that the offence was a sexual crime, committed in aggravated circumstances against a woman, and that it represented an escalation of his abusive behaviour, were significant factors. Furthermore, the applicant's misrepresentation on his citizenship application demonstrated a lack of candour. The Tribunal concluded that these factors, when balanced against any mitigating circumstances, did not constitute "another reason" to revoke the mandatory visa cancellation.

The Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of the applicant's visa.