Simon Te Mahia Phoenix Aramoana and Minister for Immigration, Citizenship, and Multicultural Affairs

The applicant, Simon Te Mahia Phoenix Aramoana, sought judicial review of the Minister for Immigration, Citizenship, and Multicultural Affairs' decision not to revoke the mandatory cancellation of his Special Category (Subclass 444) visa. The cancellation was based on the applicant failing to pass the character test. The matter came before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether there was "another reason" to revoke the mandatory cancellation of the applicant's visa, considering the principles outlined in Ministerial Direction No. 90. This involved assessing whether the applicant's circumstances warranted a departure from the mandatory cancellation.

The Tribunal found that the Minister's delegate had failed to properly consider all relevant factors in accordance with Ministerial Direction No. 90. Specifically, the delegate had not given sufficient weight to the applicant's rehabilitation, his strong ties to Australia, and the potential impact of removal on his family. Consequently, the Tribunal concluded that the delegate's decision was affected by jurisdictional error. The Tribunal set aside the delegate's decision and substituted its own decision, revoking the mandatory cancellation of the applicant's visa.