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

The Administrative Appeals Tribunal considered the case of PKBV and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the non-revocation of a mandatory cancellation of the Applicant's Class WA Subclass 010 Bridging A Visa, following the Applicant failing to pass the character test. The Applicant contended that there was another reason to revoke the mandatory cancellation decision, with the Tribunal required to consider Ministerial Direction No. 79.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation of the Applicant's visa, as contemplated by the *Migration Act 1958* (Cth). This required the Tribunal to assess the weight to be given to Ministerial Direction No. 79, particularly Primary Consideration A, which concerns the protection of the Australian community from harm. The Tribunal had to determine the nature and seriousness of the Applicant's past conduct and the risk of future offending.

The Tribunal's reasoning focused on the Applicant's extensive criminal history, which included approximately 24 convictions across nine court appearances between 2013 and 2017 for offences ranging from failure to follow lawful directions and public nuisance to offences against the person and property, and breaches of bail conditions. While the Applicant presented evidence of remorse, participation in rehabilitation programs, and support from his partner and her family, the Tribunal found that this evidence did not sufficiently mitigate the risk posed to the Australian community. The Tribunal noted that the Applicant had the support of his partner and her family even in 2017 when he committed serious offences, and that his assertion of changed attitudes was not demonstrably sufficient to outweigh the risk of re-offending.

Consequently, the Tribunal concluded that it could not exercise the discretion to revoke the cancellation of the Applicant's visa. The decision under review was affirmed.