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

This matter concerned an appeal by TKCC against a decision by the Minister for Immigration, Citizenship, and Multicultural Affairs to mandatorily cancel the applicant's visa. The applicant, who is of Bhutanese Lhotshampa ethnicity, had most recently committed a serious sexual offence. The appeal was heard by N A Manetta SM in the Federal Court.

The primary legal issue before the court was whether there was "another reason" to revoke the visa cancellation decision, as contemplated by Direction 90 of the *Migration Act 1958* (Cth). This required the Tribunal to consider all the evidence afresh and determine the correct or preferable decision, irrespective of any potential errors made by the original delegate. The court had to weigh the seriousness of the offending conduct against the applicant's personal circumstances and the potential consequences of his return to Bhutan.

The court reasoned that while the offending conduct was serious, the applicant's Lhotshampa ethnicity meant he was unlikely to be returned to Bhutan. The evidence suggested that individuals of this ethnicity were displaced and lived in refugee camps in Nepal, facing potential indefinite immigration detention. Applying the principles from *WKMZ* and Direction 90, the court found that the prospect of indefinite detention constituted "another reason" to revoke the cancellation decision.

Accordingly, the court set aside the decision under review and substituted a decision that the visa cancellation be revoked.