Samuels and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

The applicant, Samuels, sought review of the delegate's decision not to revoke the mandatory cancellation of her Special Category (Class TY) (Subclass 444) visa. The dispute concerned whether there was "another reason" to revoke the visa cancellation, particularly in light of the best interests of her minor children. The matter was heard by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant passed the character test and, if not, whether there were other reasons to revoke the mandatory cancellation of her visa. This involved considering various factors outlined in Ministerial Direction 90, including the protection of the Australian community, the nature and seriousness of the applicant's conduct, the risk to the community, and crucially, the best interests of the applicant's minor children residing in Australia.

The Tribunal reasoned that while the applicant had a criminal conviction for intimidation, it was not satisfied that this constituted a "crime of violence" for the purposes of the Direction. Allegations of misconduct in gaol and detention were also not given weight as they did not result in convictions. However, the Tribunal afforded substantial weight to the best interests of the applicant's two minor children, aged five and six. It was satisfied that it was in the children's best interests for the applicant to remain in Australia, provided she could avoid drugs and establish a suitable home, to facilitate their eventual return to her care.

Consequently, the Tribunal set aside the delegate's decision and substituted it with a decision to revoke the mandatory cancellation of the applicant's visa.