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

This matter concerned an application by QXYT for the revocation of the mandatory cancellation of his Protection (Class XA) (Subclass 866) visa, pursuant to section 501(3A) of the *Migration Act 1958* (Cth). The decision under review was made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation of the applicant's visa, having regard to Ministerial Direction No. 99. This required the Tribunal to weigh various considerations, including the seriousness of the applicant's criminal conduct, the strength, nature, and duration of his ties to Australia, and the potential consequences of not revoking the cancellation, particularly the prospect of indefinite detention.

The Tribunal found that while the applicant's criminal conduct was serious, the likelihood of reoffending was at the lower end of probabilities. Significant weight was given to the applicant's strong ties to Australia, including his wife and two children, one of whom is an Australian citizen. The Tribunal noted that the separation from his family, particularly his children, and the prospect of indefinite detention represented a substantial negative impact and a significant deprivation of his fundamental human right to liberty. These considerations weighed heavily in favour of revoking the cancellation.

The Tribunal ultimately set aside the decision to refuse to revoke the mandatory cancellation of the applicant's visa.