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

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the mandatory cancellation of the applicant's visa. The applicant had failed to pass the character test, triggering the cancellation. The central dispute revolved around whether there was "another reason" why the visa cancellation should be revoked, as contemplated by the relevant migration legislation and Ministerial Direction No. 90.

The Tribunal was required to determine the weight to be given to various considerations under Ministerial Direction No. 90, specifically focusing on the primary consideration of protecting the Australian community from criminal or other serious conduct. This involved assessing the nature and seriousness of the applicant's offending conduct, the risk the applicant presented to the community, and whether there were other compelling reasons to revoke the cancellation, such as the best interests of a minor child, the strength of ties to Australia, and impediments to removal.

In its reasoning, the Tribunal considered the applicant's background, which included a history of family violence and instability during his upbringing. It noted that acts of family violence, regardless of conviction or sentence, are viewed "very seriously" under the Direction. The Tribunal ultimately found that, having regard to all the primary considerations, there was another reason why the original decision to cancel the applicant's visa should be revoked.

Consequently, the Tribunal set aside the original decision to cancel the applicant's visa and substituted a decision revoking that cancellation.