Read and Minister for Home Affairs (Migration)

This matter concerned an application by Mr Nicholas Read to revoke the mandatory cancellation of his Class TY Subclass 444 Special Category (Temporary) visa. The cancellation was based on Mr Read failing to pass the character test due to criminal convictions. The dispute before the Administrative Appeals Tribunal was whether there was "another reason" why the cancellation decision should be revoked, pursuant to section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth).

The Tribunal was required to determine whether, in light of Ministerial Direction No. 79, the circumstances of Mr Read's case warranted the revocation of his visa cancellation. This involved assessing both primary considerations, such as the protection of the Australian community from criminal conduct and community expectations, and other considerations, including the strength and duration of Mr Read's ties to Australia and the impediments he would face if removed.

The Tribunal reasoned that while Mr Read's criminal conduct, particularly the unprovoked assault and attempts to pervert the course of justice, was serious and viewed adversely, especially given its nature and the victim's injuries, it was not in the highest range of seriousness for such offences. The Tribunal considered Mr Read's remorse, his commitment to rehabilitation, his desire to return to his trade as an electrician, and his strong ties to his family in Australia. It also noted his lack of ties to New Zealand and the difficulties he would face if repatriated. Applying the principles in Ministerial Direction No. 79, the Tribunal concluded that these other considerations, when weighed against the primary considerations, constituted "another reason" why the original cancellation decision should be revoked.

The Tribunal set aside the original decision to cancel Mr Read's visa and substituted a decision to revoke that cancellation.