Ross and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

The Administrative Appeals Tribunal considered the case of *Ross and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)*. The applicant sought to have a mandatory cancellation of his Class TY Subclass 444 Special Category (Temporary) visa revoked. The cancellation was based on the applicant failing to pass the character test.

The Tribunal was required to determine whether there was "another reason" to revoke the mandatory cancellation decision, having regard to Ministerial Direction No. 99. This involved assessing the applicant's character, his criminal history, and the potential impact of his removal from Australia, balanced against the primary consideration of protecting the Australian community.

The Tribunal's reasoning focused on the applicant's extensive criminal history, which included approximately 40 convictions over 18 years, predominantly relating to domestic violence, contravention of court orders, and traffic offences. The applicant's own evidence indicated ongoing difficulties with illicit drug abuse, particularly methamphetamine and cannabis, which he linked to personal crises and negative peer influences. Despite completing some rehabilitative courses, the applicant acknowledged he had not yet received sufficient clinical assistance to definitively overcome his past substance abuse issues and that any demonstrated abstinence had occurred within the confines of detention. The Tribunal found that the applicant's history demonstrated a fundamental failure to respect lawful authority, and that the protection of the Australian community weighed heavily against revoking the cancellation.

Consequently, the Tribunal affirmed the decision under review, finding that there was not another reason to revoke the mandatory cancellation of the applicant's visa.