TBNM and Minister for Home Affairs (Migration)

This matter concerned an appeal by TBNM against a decision by the Minister for Home Affairs to affirm the mandatory cancellation of his visa. TBNM had been convicted of sexual offending against a minor, which led to the cancellation of his visa under section 501(3A) of the *Migration Act 1958* (Cth). The appeal was heard by D. J. Morris SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether there was "another reason" why the original decision to cancel TBNM's visa should be revoked, pursuant to section 501CA(4)(b)(ii) of the *Migration Act*. This involved considering Ministerial Direction No. 79, which outlines the framework for assessing such requests. The Direction mandates that primary considerations, such as the protection of the Australian community and the nature of the offending, should generally be given more weight than other considerations.

The Tribunal reasoned that TBNM's offending, which involved a significant age and experience disparity with his 14-year-old victim, was predatory and must be viewed very seriously. Despite TBNM's assertions regarding his lack of knowledge of the victim's age at the time of the offending, the Tribunal found this claim to be inconsistent with the sentencing judge's findings and the legal representation TBNM had at the time of his plea. The Tribunal considered TBNM's personal circumstances, including his ties to Australia, his employment, and his relationship with his son, as well as the views of his partner regarding his remorse and focus on his child. However, the gravity of the sexual offending against a child was deemed a primary consideration that outweighed these other factors.

Ultimately, the Tribunal affirmed the decision not to revoke the mandatory cancellation of TBNM's visa.