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

This matter concerned an application by QZBW (the applicant) to review the decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the respondent) to cancel the applicant's protection visa. The applicant, born in Iraq in 1979, arrived in Australia in 2002 and was granted a protection visa in 2017. The delegate's decision to cancel this visa was the subject of the review before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" for the visa cancellation decision to be revoked, notwithstanding that the applicant had failed the character test due to a sentence of imprisonment totalling 12 months or more. The Tribunal was required to consider the specific circumstances of the case in light of Direction 90, which guides decision-makers in exercising their discretion under the Act. This involved assessing the principles outlined in paragraph 5.2 of the Direction, which address the privilege of remaining in Australia, the consequences of serious misconduct, community expectations regarding visa cancellations, and the differing tolerance for misconduct based on the length of time a non-citizen has resided in Australia.

The Tribunal reasoned that while the applicant did not pass the character test, there was another reason to revoke the cancellation decision. The Tribunal was satisfied that the applicant suffered from significant mental and psychological problems, including psychogenic amnesia, which affected his ability to recall past events. The Tribunal considered the applicant's long period of residence in Australia since 2002 and his contributions to the community, weighing these factors against the seriousness of the conduct that led to the visa cancellation. Ultimately, the Tribunal concluded that these countervailing considerations were sufficient to warrant the revocation of the mandatory cancellation.

The Tribunal ordered that the decision under review be set aside.