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

This matter concerned an application by PHGY (the Applicant) to revoke the cancellation of his visa, which had been cancelled by the Minister for Immigration, Citizenship and Multicultural Affairs (the Minister) due to the Applicant's very serious criminal offending and the risk of reoffending. The case was heard by Mr Rob Reitano, a Member of the Tribunal.

The central legal issues before the Tribunal were whether there was "another reason" to revoke the visa cancellation, considering the Applicant's criminal conduct, the risk of reoffending, the expectations of the Australian community, the best interests of his minor children, and the strength, nature, and duration of his ties to Australia. The Tribunal was also required to consider any impediments the Applicant might face if removed to Iraq and the international non-refoulement obligations.

The Tribunal reasoned that while the Applicant's criminal offending was very serious and the consequences of reoffending would be harmful, his risk of reoffending was assessed as below the mid-range, meaning it was not a particularly weighty factor against revoking the cancellation. However, the Tribunal gave significant weight to the Applicant's strong ties to Australia, particularly his Australian citizen wife and three young daughters. The Tribunal found that it was in the best interests of the Applicant's daughters for him to remain in Australia to be a father to them. The Tribunal was satisfied that these considerations, namely the best interests of the children and the Applicant's strong ties to the Australian community, constituted "another reason" to revoke the visa cancellation.

Consequently, the Tribunal set aside the delegate's decision to cancel the Applicant's visa and substituted a decision revoking that cancellation.