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

This matter concerned an application for judicial review of a decision to cancel the applicant's protection visa under section 501(3A) of the *Migration Act 1958* (Cth). The applicant, who arrived in Australia in 2011 and was granted a protection visa in 2012, had his visa mandatorily cancelled due to his involvement in a reckless wounding incident. The applicant sought to have this cancellation revoked. The decision was made by Deputy President B W Rayment Oam Qc of the Federal Court of Australia.

The primary legal issue before the Court was whether the mandatory cancellation of the applicant's protection visa was lawful, and if so, whether the discretion to revoke that cancellation should be exercised in the applicant's favour. This involved considering the application of Direction No. 79, which mandates that the protection of the Australian community is a primary consideration. The Court also had to assess various personal circumstances of the applicant, including his history of childhood trauma, mental health issues, low risk of recidivism, good behaviour in detention, desire to maintain contact with his daughters, and any international non-refoulement obligations owed to him.

The Court affirmed the lawfulness of mandatory visa cancellation under section 501, referencing the Full Court's decision in *KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs* [2020] FCAFC 108. In applying Direction No. 79, the Court found that while the protection of the Australian community was a significant consideration, the applicant's circumstances weighed heavily in favour of revocation. These circumstances included severe childhood trauma leading to depression, anxiety, and panic attacks, a low risk of reoffending, positive behaviour in detention, strong ties to Australia through his Australian-born daughters, and potential impediments to his removal.

The Court ultimately set aside the decision to cancel the applicant's visa and substituted a decision revoking the cancellation.