Rowe and Minister for Home Affairs (Migration)

This matter concerned an application for review of a delegate's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant had failed the character test due to a substantial criminal record, specifically dishonesty and stealing offences. The applicant sought revocation of the cancellation, arguing there was another reason why the original decision should be revoked, citing mental health issues, including a diagnosis of schizophrenia, and recent engagement with treatment.

The Tribunal was required to determine whether there was "another reason" why the mandatory visa cancellation should be revoked, considering the matters outlined in Direction No. 65. This Direction specifies "Primary Considerations" such as the protection of the Australian community from criminal or serious conduct, the best interests of minor children, and the expectations of the Australian community. It also lists "Other Considerations," including the strength and duration of ties to Australia, the extent of impediments to removal, and the importance of maintaining a current treatment regime.

The Tribunal reasoned that while the applicant had a history of reoffending, the likelihood of reoffending was low if he strictly adhered to his medication management regime for schizophrenia. The Tribunal found that the applicant understood the gravity of his position and the necessity of his treatment. The presence of structured support from a mental health team was also considered important. Balancing these factors against the primary considerations, the Tribunal concluded that the mandatory cancellation of the visa should be set aside and substituted.