Prasad and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

The applicant, Mr Prasad, sought to challenge the non-revocation of a mandatory cancellation of his Permanent Resident Class AY Subclass 104 Preferential Family visa. The Minister for Immigration, Citizenship and Multicultural Affairs had decided not to revoke the cancellation, a decision that Mr Prasad sought to have reviewed. The matter came before Rebecca Bellamy SM in the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation of Mr Prasad's visa, notwithstanding that he did not pass the character test. This required the Tribunal to consider and weigh various factors in accordance with Ministerial Direction No. 99, which sets out the framework for such considerations, distinguishing between primary and other considerations.

The Tribunal's reasoning focused on the application of Ministerial Direction No. 99. It acknowledged that the applicant possessed an extremely serious criminal history, including multiple violent offences, family violence, and driving offences. These factors, particularly the violent offending and family violence, were considered primary considerations that weighed heavily against the revocation of the visa cancellation. While other considerations were noted, including the applicant's background and history of drug use, the Tribunal found that these did not outweigh the significant weight of the primary considerations. The Tribunal concluded that the combined weight of the primary considerations favoured the non-revocation of the visa cancellation.

Consequently, the Tribunal affirmed the decision under review, meaning the mandatory cancellation of Mr Prasad's visa remained in effect.