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

The applicant, Tkatschenko, sought to have a mandatory visa cancellation revoked. The dispute concerned whether there was "another reason" why the cancellation decision should be revoked, as contemplated by the *Migration Act 1958* (Cth). The matter was heard by Mrs J C Kelly, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant had established "another reason" to revoke the mandatory visa cancellation, considering Ministerial Direction No. 99. This involved weighing various factors, including the protection of the Australian community, the strength, nature, and duration of the applicant's ties to Australia, the best interests of any minor children in Australia, the expectations of the Australian community, and the legal consequences of the decision.

In its reasoning, the Tribunal considered the applicant's ties to Australia, noting his close relationship with his mother and his daughter, Child 2, who is an Australian citizen. However, the Tribunal gave little weight to his claimed relationship with a new partner. The Tribunal also considered the applicant's relationship with his other Australian citizen daughter, Child 1, noting that contact had been significantly limited by the child's maternal grandmother. The Tribunal found that while the applicant had contributed positively to the Australian community through work during certain periods, there was no reliable corroborative evidence of work after November 2018. The Tribunal concluded that the applicant's relationships and claimed ties were marked by his drug use, criminal activity, and periods of absence.

Ultimately, the Tribunal found that there was not another reason to revoke the mandatory cancellation decision. Accordingly, the reviewable decision was affirmed.