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

This matter concerned an application by Mr Tsang to the Administrative Appeals Tribunal (the Tribunal) for review of the mandatory cancellation of his visa. The Minister for Immigration, Citizenship, and Multicultural Affairs had cancelled Mr Tsang's visa due to his substantial criminal record, specifically convictions for domestic violence offences. Mr Tsang sought to have this cancellation revoked.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory visa cancellation decision, as contemplated by subparagraph 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth). In determining this, the Tribunal was required to consider Ministerial Direction No. 90, which outlines the primary and other considerations relevant to such a decision, including the protection of the Australian community, family violence, expectations of the Australian community, impediments to removal, and links to the Australian community.

The Tribunal reasoned that while Mr Tsang's offending, involving violent acts against his former partner, was serious and fell within the categories of conduct viewed very seriously by the Australian Government and community, including acts of family violence, this was only one consideration. The Tribunal was required to weigh this against other factors, including Mr Tsang's links to the Australian community and any impediments to his removal. The Tribunal found that there were indeed other reasons to revoke the mandatory cancellation decision, considering the totality of the circumstances.

Consequently, the Tribunal set aside the delegate's decision to refuse to revoke the mandatory visa cancellation and substituted a decision to revoke the mandatory cancellation.