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

This matter concerned an application by PKZM for review of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision to affirm the mandatory cancellation of his visa under section 501 of the *Migration Act 1958* (Cth). The applicant conceded that he did not pass the character test due to being sentenced to a term of imprisonment of at least 12 months. The central issue before the Administrative Appeals Tribunal was whether there was another reason to revoke the mandatory cancellation of his visa, having regard to Ministerial Direction No. 79.

The Tribunal was required to determine the applicant's country of reference, specifically whether he was a national of South Sudan, and to consider the primary and other considerations outlined in Ministerial Direction No. 79 when assessing whether to revoke the visa cancellation. The applicant's mother provided evidence that both she and the applicant's late father were born in Malakal, South Sudan, and that her family were Dinka. The Tribunal also considered the provisions of the Sudanese Nationality Act and the South Sudan Nationality Act 2011, which established criteria for South Sudanese nationality by birth.

The Tribunal found that the applicant did not pass the character test as he had been sentenced to a term of imprisonment of 15 months for recklessly causing injury, among other offences. In considering whether there was another reason to revoke the cancellation, the Tribunal noted the applicant's persistent offending since his arrival in Australia in 2005, including serious offences against a domestic partner, and that his conduct had not improved despite previous court interventions. The Tribunal concluded that the decision not to revoke the mandatory cancellation of PKZM's visa was correct.

The Tribunal affirmed the decision under review.