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

This matter concerned an application for review of a decision to mandatorily cancel the Applicant's Class TY Subclass 444 Special Category (Temporary) visa, pursuant to section 501(3A) of the *Migration Act 1958* (Cth), due to the Applicant having a substantial criminal record. The Applicant had resided in Australia since the age of seven and had a history of convictions between 1991 and 2013 for offences including sexual assault and assault occasioning actual bodily harm. The review was heard by M J McGrowdie, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation of the Applicant's visa, as contemplated by Ministerial Direction No 79. This required the Tribunal to consider various factors, including the nature and seriousness of the Applicant's criminal conduct, the strength, nature, and duration of the Applicant's ties to Australia, the impact of removal on Australian business interests, the impact on victims, and the extent of impediments to the Applicant if removed from Australia. The Tribunal was directed to give predominant weight to primary considerations.

The Tribunal reasoned that while the Applicant's criminal conduct, particularly the sexual assault, was serious and likely had an ongoing impact on victims, other considerations weighed in favour of revocation. The Applicant had strong ties to Australia, having lived there since childhood, with his family and children residing in the country. He had a positive work history and prospects of continued employment. Furthermore, the Applicant had no significant ties to New Zealand and would face impediments to re-establishing himself there. Balancing these factors, and giving predominant weight to the primary considerations, the Tribunal found that the balance favoured revocation.

Consequently, the Tribunal set aside the reviewable decision and determined that the mandatory cancellation of the Applicant's visa was revoked.