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

This matter concerned an application for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant, a 32-year-old New Zealand citizen who arrived in Australia at the age of five, had a significant criminal history dating back to 2008, including numerous driving offences, drug offences, and breaches of court orders. His visa was mandatorily cancelled under s 501(3A) of the Migration Act 1958 (Cth) following a conviction for possession of a prohibited drug with intent to sell or supply, for which he received a 12-month sentence of imprisonment.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory visa cancellation, as required by s 501CA(4)(b) of the Act, given that the applicant did not pass the character test. This required the Tribunal to consider the specific circumstances of the case and weigh various primary and other considerations as outlined in Direction 90.

The Tribunal reasoned that while the applicant's criminal history was extensive and weighed against revocation, Australia's tolerance for criminal conduct by non-citizens can be higher if they have lived in the community for most of their life or from a very young age. The Tribunal noted the applicant's strong links to the Australian community, the best interests of his four children, and the potential impediments he would face if removed from Australia. The Tribunal also considered the applicant's concessions regarding his past behaviour and the turmoil his actions had caused his family. Ultimately, the Tribunal found that these factors, taken together, constituted "another reason" to revoke the mandatory cancellation.

The Tribunal set aside the delegate's decision and substituted a new decision revoking the mandatory cancellation of the applicant's visa.