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

The Administrative Appeals Tribunal (AAT) considered the case of Trad and the Minister for Immigration, Citizenship and Multicultural Affairs concerning the mandatory cancellation of the applicant's visa. The applicant did not pass the character test due to serious criminal convictions, leading to the cancellation of his visa under section 501(3A) of the *Migration Act 1958* (Cth). The central dispute before the Tribunal was whether there was "another reason" to revoke this mandatory cancellation.

The Tribunal was required to determine if any factors, beyond the applicant passing the character test, warranted the revocation of the visa cancellation. This involved a comprehensive assessment of various considerations, guided by Ministerial Direction No. 99. The primary considerations included the protection of the Australian community, the applicant's links to Australia, and the best interests of any minor children in Australia. The Tribunal also had to consider the expectations of the Australian community and the legal consequences of its decision, including any impediments to removal.

In its reasoning, the Tribunal applied the principles outlined in Ministerial Direction No. 99, which mandates a careful balancing of factors. It acknowledged the seriousness of the applicant's offending, particularly the sexual offences against a minor, which falls under a primary consideration for the protection of the Australian community. However, the Tribunal also weighed the applicant's established links to Australia, including his long-term residence, employment history, and family ties, as well as the best interests of his minor children. The Tribunal found that, on the balance of probabilities, these factors constituted "another reason" why the mandatory visa cancellation decision should be revoked.

Consequently, the Tribunal set aside the decision under review and found that the mandatory visa cancellation decision should be revoked.