Re Gage and Minister for Home Affairs

This matter concerned an application for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the Applicant's visa, pursuant to s 501CA(4) of the *Migration Act 1958* (Cth). The Applicant, a citizen of New Zealand who had resided in Australia since childhood, had his visa mandatorily cancelled under s 501(3A) of the Act due to a substantial criminal record, specifically a conviction for grievous bodily harm for which he received a sentence of three years and three months imprisonment. The Applicant sought revocation of this cancellation.

The central legal issue before the Administrative Appeals Tribunal was whether there was "another reason" why the mandatory cancellation of the Applicant's visa should be revoked, as contemplated by s 501CA(4)(ii) of the *Migration Act*. This determination was to be made having regard to the primary and other considerations outlined in Direction No. 79, which governs decisions regarding visa refusal and cancellation, and the revocation of mandatory cancellations.

The Tribunal was required to assess various factors in determining whether to revoke the visa cancellation. These considerations included the protection of the Australian community, the nature and seriousness of the Applicant's criminal offending, the risk posed to the community, the best interests of the Applicant's minor children who were Australian citizens, the expectations of the Australian community, the strength, nature, and duration of the Applicant's ties to Australia, the impact on any victims, and the extent of impediments the Applicant might face if removed to New Zealand. The Tribunal ultimately found that it was not satisfied that there was another reason why the decision to cancel the Applicant's visa should be revoked.