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

The Administrative Appeals Tribunal reviewed a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs not to revoke the mandatory cancellation of Mr Telea's Partner (Class BC) (Subclass 100) visa. Mr Telea, a citizen of Samoa, had his visa cancelled due to failing the character test, stemming from multiple convictions for family violence offences and possession of prohibited drugs. The central dispute was whether there was "another reason" to revoke this cancellation, as required by section 501CA(4) of the *Migration Act 1958* (Cth).

The Tribunal was required to determine if Mr Telea's circumstances warranted the revocation of his visa cancellation, notwithstanding his failure to pass the character test. This involved considering the primary and other considerations outlined in Direction No. 90, which provides the framework for such decisions. Key considerations included the protection of the Australian community from criminal or serious conduct, the nature and seriousness of Mr Telea's past conduct, the risk of future offending, and the best interests of minor children in Australia.

In its reasoning, the Tribunal acknowledged Mr Telea's extensive history of family violence against his wife, including convictions for assault and contravening an apprehended domestic violence order, which led to his failure of the character test. However, after weighing all relevant considerations under Direction No. 90, the Tribunal found that the factors favouring revocation carried greater weight. Consequently, the Tribunal set aside the Minister's decision and ordered that there was another reason to revoke the mandatory cancellation of Mr Telea's visa.