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

This matter concerned an application for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the Applicant's visa. The Applicant, a 32-year-old man who arrived in Australia in 2005, had a substantial criminal record with multiple convictions between 2007 and 2016, and had been in immigration detention since 2015. The proceedings were heard in the Federal Court by M Evans-Bonner SM.

The Court was required to determine two primary issues: first, whether the Applicant passed the character test as defined by section 501(6) of the *Migration Act 1958* (Cth); and second, if he did not pass the character test, whether there was another reason to revoke the visa cancellation decision under section 501CA(4) of the Act. The Court considered various factors, including the nature and seriousness of the Applicant's conduct, the risk to the Australian community, the best interests of his minor sibling and nephews and niece, community expectations, Australia's international non-refoulement obligations, the prospect of indefinite detention, and the extent of impediments if removed to South Sudan.

In its reasoning, the Court applied Direction No 90, which mandates consideration of primary and other considerations. It specifically examined the strength, nature, and duration of the Applicant's ties to Australia, noting that his immediate family, including his mother and five adult brothers with their families, resided in Australia permanently. The Court accepted evidence that the Applicant's removal would detrimentally affect his adult younger brother, SA, who relied on the Applicant for advice and emotional support and shared the burden of caring for their mother, particularly given SA's own health issues. The Court also considered the impact of prolonged detention on the Applicant's mental health, referencing journal articles on the subject.

The Court found that there was another reason to revoke the cancellation decision. Consequently, the Reviewable Decision was set aside and substituted with a decision to revoke the mandatory cancellation of the Applicant's visa.