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

The Administrative Appeals Tribunal (Cth) considered the case of SQNX and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the non-revocation of a mandatory cancellation of the applicant's subclass 444 visa, which had been cancelled because the applicant did not pass the character test. The applicant sought to have this cancellation revoked.

The Tribunal was required to determine whether there was "another reason" to revoke the mandatory cancellation decision, as contemplated by the relevant legislative provisions. This involved considering Ministerial Direction No. 90, which outlines the factors to be taken into account when making such decisions. Specifically, the Tribunal had to assess the protection of the Australian community, the seriousness of any family violence committed by the applicant, and the best interests of any minor children in Australia.

In its reasoning, the Tribunal applied the principles set out in Ministerial Direction No. 90. It found that the protection of the Australian community weighed heavily against revocation, noting the applicant's lengthy criminal record, including multiple convictions and a moderate to high risk of reoffending, potentially with violent conduct. While acknowledging two convictions related to family violence, the Tribunal considered this factor to weigh against revocation, but not strongly. The Tribunal also found that the best interests of minor children did not weigh in favour of revocation, as there was insufficient evidence regarding the applicant's relationships with his nephews and nieces in Australia. The Tribunal noted that considerations under Direction 90 could be afforded significant weight, referencing the decision in *Suleiman*.

Ultimately, the Tribunal was not satisfied that the applicant had good prospects of rehabilitation. Consequently, the Tribunal affirmed the decision not to revoke the mandatory cancellation of the applicant's visa.