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

This matter concerned an application for review of a decision not to revoke the mandatory cancellation of the Applicant's Class XB Subclass 202 Global Special Humanitarian visa. The Applicant had failed to pass the character test. The court was required to determine whether there was another reason to revoke the mandatory cancellation decision, considering Ministerial Direction No. 90 and Australia's international non-refoulement obligations, particularly in relation to Iraq.

The legal issues before the court included the weight to be given to various considerations under Ministerial Direction No. 90, specifically Primary Consideration 1 (Protection of the Australian Community), and whether these considerations, when weighed against other factors, justified revoking the mandatory cancellation. The court also had to consider the Applicant's conduct, including past offending, the provision of false or misleading information to the Department, and the risk posed to the Australian community.

The court reasoned that while certain considerations, such as Primary Consideration 3 and other considerations (a), (b), and (d), weighed in favour of revoking the mandatory cancellation, they could not outweigh Primary Considerations 1, 2, and 4. The court found that the nature and seriousness of the Applicant's conduct, including acts of family violence and providing false information on an incoming passenger card, were significant factors. The court concluded that it could not exercise the discretion to revoke the cancellation of the Applicant's visa.

The decision under review was affirmed.