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

This matter concerned an appeal by QYFM against a decision of the Administrative Appeals Tribunal (AAT) which affirmed the mandatory cancellation of his visa. The dispute arose from QYFM's criminal history, specifically his attempt to import a marketable quantity of cocaine. The AAT had considered whether there was "another reason" under section 501CA(4)(b)(ii) of the Migration Act 1958 (Cth) to revoke the visa cancellation.

The legal issues before the court were whether the Tribunal erred in its assessment of QYFM's submissions regarding procedural fairness in relation to the conduct of the hearing by videoconference, and whether the Tribunal correctly applied the principles established in *Viane v Minister for Immigration and Border Protection* [2018] FCA 162 when determining if there was "another reason" to revoke the mandatory visa cancellation. The court was required to consider if the Tribunal's findings that QYFM had sufficient time to prepare, had access to necessary materials, and that the videoconference did not raise persuasive procedural fairness issues were reasonable.

The Tribunal reasoned that QYFM had agreed to the hearing dates and had ample time to prepare his case, consult with legal advisors, and submit materials. It found that QYFM had not provided evidence to suggest that additional material was being sought, could not be accessed, or was dependent on securing further legal support. The Tribunal also determined that QYFM's preference for an in-person hearing did not raise persuasive procedural fairness issues, as remote hearings were routinely conducted and QYFM's claims were speculative. In assessing whether to revoke the visa cancellation, the Tribunal weighed various considerations, concluding that the protection of the Australian community and community expectations substantially outweighed factors such as the best interests of minor children, the strength of ties to Australia, and the extent of impediments if removed.

Consequently, the Tribunal found that there was no other reason why the decision to cancel QYFM's visa should be revoked and affirmed the original decision.