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

This matter concerned an application by Mr I, a Somali citizen, to revoke the mandatory cancellation of his visa. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the respondent. The Administrative Appeals Tribunal (AAT) was required to determine whether there was another reason to revoke the cancellation.

The primary legal issue before the Tribunal was whether the prospect of indefinite detention, should the visa cancellation be affirmed, constituted an "another reason" warranting revocation under Direction 90. This required the Tribunal to weigh the applicant's extensive criminal offending, which weighed heavily against him, against the fundamental common law right to personal liberty and the significant impact of prolonged immigration detention. The Tribunal also considered the implications of section 197C(3) of the Act, which altered the statutory obligation for removal in certain circumstances.

The Tribunal, presided over by N A Manetta SM, conducted a de novo hearing. While acknowledging that the primary considerations, including the applicant's substantial criminal record, weighed strongly against revocation, the Tribunal gave substantial weight to the prospect of indefinite deprivation of liberty. The Tribunal noted the significant delays in processing the applicant's case after his release from gaol and subsequent transfer to immigration detention, finding these delays raised clear concerns. The Tribunal applied the principles from the Full Federal Court decision in *WKMZ*, emphasising the importance of personal liberty.

The Tribunal decided to set aside the delegate's decision and substitute a decision that the cancellation of Mr I's visa be revoked.