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

This matter concerned an application for review of a delegate's decision not to revoke the mandatory cancellation of the Applicant's visa. The Applicant, a citizen of New Zealand, failed the character test due to a substantial criminal record. The central dispute was whether there was "another reason" why the decision to cancel his visa should be revoked, as provided for under section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth). The case was heard by Deputy President Boyle of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were twofold: first, whether the Applicant passed the character test as defined by section 501 of the Act; and second, if he did not pass the character test, whether there was another reason to revoke the visa cancellation. The Applicant did not dispute that he failed the character test, meaning the sole question for determination was the existence of "another reason" for revocation.

In reaching its decision, the Tribunal considered Ministerial Direction 90, which outlines the framework for assessing whether to revoke a mandatory visa cancellation. The Tribunal noted that the Applicant's failure to pass the character test meant he could not rely on section 501CA(4)(b)(i). Therefore, the focus shifted to section 501CA(4)(b)(ii) and the assessment of "another reason." The Tribunal found that the considerations against revocation marginally outweighed those in favour of revocation, leading to the conclusion that there was not "another reason" to revoke the visa cancellation. Consequently, the reviewable decision was affirmed.