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

This matter concerned an application by Mr Simeon (the applicant) to set aside a mandatory cancellation of his visa, which was determined by Emeritus Professor P A Fairall, Senior Member, of the Administrative Appeals Tribunal. The applicant had a substantial criminal record, and the Minister for Immigration, Citizenship and Multicultural Affairs had cancelled his visa under section 501CA(4) of the *Migration Act 1958* (Cth). The applicant sought to argue that there was another reason to revoke the mandatory cancellation.

The Tribunal was required to consider whether there was another reason to revoke the mandatory cancellation of the applicant's visa, having regard to Ministerial Direction No. 99. This involved assessing various primary and other considerations, including the nature and seriousness of the applicant's offending, any family violence, the strength, nature, and duration of the applicant's ties to Australia, the best interests of any minor children affected by the decision, the expectations of the Australian community, and the extent of impediments to the applicant if removed from Australia.

The Senior Member reasoned that the applicant's offending, in relation to apprehended violence orders, was more accurately characterised as an offence against the administration of justice rather than direct violence towards his former partner or children. Regarding ties to Australia, the applicant had resided in Australia for approximately six years, with about one-third of that time spent in custody or detention. He had a history of employment in Australia. In considering the best interests of the applicant's five minor children, who were aged between six and twelve, the Tribunal noted that care orders had been made by the Children's Court of New South Wales, with other family members nominated as carers. The applicant asserted a close parental role prior to his detention, although there were no formal parenting orders in place.

The Senior Member concluded that there was another reason to revoke the mandatory cancellation of the applicant's visa. The decision was set aside and substituted with a decision to not revoke the visa cancellation.