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

This matter concerned an appeal by Ms. Trinh against a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to mandatorily cancel her visa. Ms. Trinh, who arrived in Australia as a child, had accumulated over 100 convictions for offences including larceny and shoplifting between 1991 and 2018, primarily to support a drug addiction. The Minister's decision was made under section 501(3A) of the Migration Act 1958 (Cth) due to her substantial criminal record. The appeal was heard by Deputy Britten-Jones P.

The central legal issue before the court was whether the Minister's mandatory visa cancellation decision should be revoked. Specifically, the court had to determine if there was "another reason" why the cancellation decision should be revoked, as contemplated by section 501CA(4)(b)(ii) of the Migration Act. This required an assessment of the factors for and against revocation, considering the applicant's representations and the principles outlined in Direction 90 regarding the protection of the Australian community.

The court reasoned that while Ms. Trinh's cumulative offending over 25 years was serious, the individual offences were not of great gravity. The court noted her difficult life circumstances, including fleeing war as a child and later experiencing domestic violence and drug addiction, which she had reportedly overcome. The court considered that these factors, coupled with her efforts to address her addiction and her family ties in Australia, constituted "another reason" why the mandatory cancellation should be revoked. The court ultimately found that the discretion to revoke the cancellation should be exercised in Ms. Trinh's favour.

The court set aside the Minister's decision to cancel Ms. Trinh's visa and substituted it with a decision revoking that cancellation.