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

This matter concerned an application by the Applicant to the Administrative Appeals Tribunal (AAT) to revoke a mandatory visa cancellation decision. The Applicant, who arrived in Australia as a child migrant, had a substantial criminal record. The AAT was required to determine whether there was "another reason" why the visa cancellation decision should be revoked, considering Ministerial Direction No. 90.

The legal issues before the Tribunal included assessing the nature and seriousness of the Applicant's criminal conduct, the best interests of any minor children involved, the extent of impediments to removal, and the strength, duration, and nature of the Applicant's ties to Australia. The Tribunal was also required to consider the primary consideration of protecting the Australian community and other relevant considerations as outlined in Ministerial Direction No. 90.

The Tribunal's reasoning involved a detailed examination of the Applicant's personal history, including his traumatic early childhood experiences in Sierra Leone and his subsequent struggles with integration and mental health in Australia. It considered evidence of his drug use and criminal offending, noting that at the time of his offending behaviour, he was experiencing significant psychological distress and impaired judgment due to substance abuse. The Tribunal also took into account a psychological report which indicated that the Applicant's Substance Abuse Disorder was in partial remission and that he had been drug-free for a significant period, demonstrating an ability to manage more effectively with structure and supervision. The Tribunal weighed these factors against the need to protect the Australian community, considering the seriousness of the offences and the risk of reoffending.

Ultimately, the Tribunal found that there was another reason why the mandatory visa cancellation decision should be revoked. The decision under review was set aside and substituted with a decision to revoke the mandatory visa cancellation.