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

The Administrative Appeals Tribunal reviewed a decision concerning the non-revocation of a mandatory cancellation of the Applicant's Class XB Subclass 200 Refugee visa. The Applicant did not pass the character test, and the central dispute was whether there was another reason to revoke the mandatory cancellation decision, particularly in light of Ministerial Direction No. 99.

The Tribunal was required to determine whether, in considering the Applicant's circumstances and the factors outlined in Ministerial Direction No. 99, there were sufficient grounds to revoke the mandatory cancellation of his visa. This involved assessing the Applicant's conduct, the risk to the Australian community, and other relevant personal factors against the framework provided by the Direction.

The Tribunal's reasoning focused on the application of Ministerial Direction No. 99, specifically Primary Consideration 1 concerning the protection of the Australian community. It considered the nature and seriousness of the Applicant's conduct, the risk of future offending, and the cumulative effect of his offending. The Tribunal also took into account the Applicant's personal circumstances, including his long period of residence in Australia, his family ties, and his efforts towards rehabilitation, such as securing employment and intending to seek psychological support. Ultimately, the Tribunal found that there was another reason to revoke the mandatory cancellation.

The Tribunal exercised its discretion under s 501CA(4) of the Migration Act 1958 (Cth) to set aside the delegate's decision. The Tribunal substituted its own decision to revoke the cancellation of the Applicant's visa.