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

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to revoke the mandatory cancellation of the applicant's visa under section 501CA(4) of the *Migration Act 1958* (Cth). The applicant had a substantial criminal record and did not pass the character test. The Administrative Appeals Tribunal was required to determine whether there was another reason why the visa cancellation should be revoked, considering Ministerial Direction No. 90.

The Tribunal considered various primary and other considerations under Direction 90, including the applicant's criminal history, his relationship with his children and their mother, and the best interests of the minor children. The applicant's criminal record, which spanned from 2004 and included convictions for violence and increasingly serious driving offences, weighed heavily against revocation. The Tribunal also examined the precarious care arrangements for the applicant's two young children, noting their vulnerability due to their mother's mental health issues and drug addiction, and the son's significant medical needs.

The Tribunal found that while the applicant had made some attempts at rehabilitation and expressed a desire to be a positive parental influence, these factors were outweighed by the seriousness and frequency of his offending and the significant risks to the children. The applicant's limited interaction with his children due to incarceration and the complex family dynamics, including the mother's struggles and the children's placement in temporary care, were critical factors. The Tribunal concluded that the applicant's criminal conduct and the risks associated with the children's care environment meant there was no other reason to revoke the visa cancellation.

The Tribunal affirmed the decision of the Minister not to revoke the mandatory cancellation of the applicant's visa.