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

This matter concerned an application by Seau (the Applicant) to the Administrative Appeals Tribunal (the Tribunal) for revocation of the mandatory cancellation of his visa under section 501CA(4) of the *Migration Act 1958* (Cth). The Applicant had been detained in immigration detention since the conclusion of his non-parole period. The Minister for Immigration, Citizenship and Multicultural Affairs (the Minister) was the respondent.

The primary legal issue before the Tribunal was whether there was "another reason" why the mandatory cancellation of the Applicant's visa should be revoked, having regard to Ministerial Direction No. 99. This involved assessing various considerations, including the protection of the Australian community, the strength, nature, and duration of the Applicant's ties to Australia, the best interests of any minor children in Australia, the expectations of the Australian community, the legal consequences of the decision, and the extent of impediments if removed.

In its reasoning, the Tribunal considered the Applicant's criminal history, which commenced in New Zealand in 2008 and escalated in seriousness, culminating in offences in 2021. The Tribunal noted the sentencing judge's remarks regarding the Applicant's drug offences, acknowledging they were for profit and personal use, but also highlighted that the sentencing judge gave greater weight to the 2021 offences for deterrence and community protection. The Tribunal ultimately found that the considerations weighing in favour of revoking the cancellation decision outweighed those that did not, concluding that there was another reason to revoke the cancellation.

The Tribunal set aside the reviewable decision dated 22 July 2022 and, in substitution, decided to revoke the cancellation of the Applicant's Special Category (Temporary) (Class TY) (Subclass 444) visa under section 501CA(4) of the *Migration Act 1958* (Cth).