TKBP and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by TKBP for the revocation of a mandatory visa cancellation decision made by the Minister for Immigration and Border Protection. The applicant, who had been sentenced to a term of imprisonment of 12 months or more, was seeking to have his visa reinstated. The Administrative Appeals Tribunal (AAT) was tasked with determining whether there was "another reason" to revoke the cancellation, as required by s 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth).

The legal issues before the Tribunal were whether the mandatory visa cancellation decision should be revoked, considering the protection of the Australian community, the best interests of any minor children affected by the decision, the expectations of the Australian community, and other relevant considerations. The Tribunal was required to assess any mitigating or extenuating factors favouring the applicant that might outweigh the grounds for cancellation.

The Tribunal considered the applicant's background, including his migration to Australia as an infant, his strong family ties, his religious observance, and his completion of education in Australia. It also took into account his criminal conduct, which led to his imprisonment, and his behaviour during his time in prison, which included assaults on other inmates and a raised security classification. The Tribunal noted the applicant's participation in various programs in prison aimed at addressing anger and alcohol issues, but also acknowledged that he had been involved in further violent incidents. Regarding the best interests of a minor child, the Tribunal found that while the applicant had a close relationship with his younger sister, he did not play a parental role, and she would continue to receive necessary support from her parents and siblings. The Tribunal concluded that the protection of the Australian community strongly weighed against revoking the mandatory visa cancellation decision.