SRYY and Minister for Home Affairs (Migration)

This matter concerned an application by the Applicant to the Administrative Appeals Tribunal (AAT) to revoke the mandatory cancellation of his visa under section 501(3A) of the *Migration Act 1958* (Cth). The Applicant did not pass the character test, leading to the cancellation of his visa. The core of the dispute was whether there was "another reason" why the cancellation decision should be revoked, as required by the Act.

The legal issues before the Tribunal were whether the Applicant had established that there was another reason why the mandatory visa cancellation decision should be revoked, and if so, whether that reason was compelling enough to warrant revocation. In determining this, the Tribunal was required to consider the primary considerations and other considerations outlined in Direction No. 79, specifically focusing on the protection of the Australian community and the Applicant's character.

The Tribunal's reasoning centred on an assessment of the Applicant's conduct and the risk he posed to the Australian community. It noted the Applicant's lengthy criminal history, which commenced at age 16 and was closely linked to his drug abuse. This history included drug possession, property crimes, common assault, assault occasioning actual bodily harm, and numerous breaches of apprehended violence orders. The Tribunal also considered the Applicant's behaviour while in custody, including verbal abuse towards correctional staff, refusal to follow directions, and continued drug use in immigration detention, as well as his failure to engage meaningfully in counselling. Despite the Applicant expressing remorse and having completed some rehabilitation programs and TAFE courses, the Tribunal found that his past conduct and the risk of re-offending were significant.

Ultimately, the Tribunal found that the Applicant had not established another reason why the mandatory visa cancellation decision should be revoked. The Tribunal affirmed the decision to cancel the Applicant's visa.