Re Rabino and Minister for Immigration and Border Protection

The Administrative Appeals Tribunal (AAT) considered an application by Mr. Rabino for the revocation of the mandatory cancellation of his visa, which had been cancelled under s 501(3A) of the *Migration Act 1958* (Cth) due to his failure to pass the character test. The Minister for Immigration and Border Protection opposed the revocation.

The primary legal issue before the Tribunal was whether there was "another reason" why the decision to cancel Mr. Rabino's visa should be revoked, as contemplated by s 501(3B) of the *Migration Act*. This required the Tribunal to assess the expectations of the Australian community in relation to the character of non-citizens, as guided by the principles set out in Ministerial Direction No. 65.

The Tribunal reasoned that while Mr. Rabino had failed to pass the character test, the weight of other considerations, including his rehabilitation and the expectations of the Australian community, favoured revocation. The Tribunal found that the community's expectations, as informed by Ministerial Direction No. 65, did not necessitate the cancellation of his visa in these circumstances. Consequently, the Tribunal set aside the decision to cancel Mr. Rabino's visa and substituted it with a decision to revoke the cancellation.