QJTT and Minister for Home Affairs (Migration)

This matter concerned an application to the Administrative Appeals Tribunal for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the Applicant's visa. The Applicant's visa had been cancelled under s 501(3A) of the *Migration Act 1958* (Cth) due to a substantial criminal record and serving a full-time sentence of imprisonment. Following his release from prison, the Applicant sought revocation of this cancellation. An earlier decision by the Assistant Minister not to revoke the cancellation was set aside by the Federal Court due to jurisdictional error, leading to the delegate's current decision under review.

The Tribunal was required to determine two primary issues. Firstly, whether the Applicant passed the character test as defined by s 501(6) of the *Migration Act*. Secondly, if the Applicant did not pass the character test, whether there was another reason for the mandatory cancellation decision to be revoked, having regard to the primary and other considerations outlined in Direction no. 65. The Tribunal had jurisdiction to review the delegate's decision pursuant to s 500(1)(ba) of the *Migration Act*, as the application for review was lodged within the prescribed timeframe.

The Tribunal considered various materials, including the Applicant's evidence, submissions, and expert reports concerning the situation in Afghanistan. The Applicant's case for revocation focused on factors such as his ties to Australia, the best interests of his minor children, and the impediments he would face if returned to Afghanistan. The delegate's decision, which was the subject of the review, was made after considering further representations from the Applicant and was based on the assessment of these considerations in light of Direction no. 65.