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

This matter concerned an application for review of the mandatory cancellation of the Applicant's Class WA Subclass 010 Bridging A visa. The Applicant did not dispute that he failed to pass the character test due to having a substantial criminal record. The sole issue before the Tribunal was whether there was "another reason" to revoke the cancellation under s 501CA(4) of the *Migration Act 1958* (Cth).

The Tribunal was required to determine if any "other reason" existed to revoke the mandatory visa cancellation, considering the criteria outlined in Ministerial Direction No. 90. This involved assessing the protection of the Australian community, the best interests of any minor children, community expectations, impediments to removal, and the strength, nature, and duration of the Applicant's ties to Australia.

In its reasoning, the Tribunal acknowledged the seriousness of the Applicant's criminal conduct, which included violent assaults, threats to kill, property damage, and theft. While the Applicant presented evidence of ties to Australia, including a relationship with his partner and her family, and stated he would maintain contact with his sisters via the internet if returned to Tonga, the Tribunal found these ties were not sufficiently strong to outweigh the risk to the Australian community. The Tribunal noted the Applicant's limited recall of some details and potential inconsistencies in his evidence, but ultimately found that the balance of considerations weighed firmly against revoking the cancellation.

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