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

The case of *Tushingham and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)* concerned an application to revoke the mandatory cancellation of the applicant's visa. The applicant, a citizen of the United Kingdom, had resided in Australia for 25 years and possessed an extensive criminal record, including violent offences and serious driving infractions, which commenced shortly after his arrival. The Minister's delegate had decided not to revoke the visa cancellation.

The primary legal issue before the court was whether there was "another reason" to revoke the mandatory cancellation of the applicant's visa, pursuant to section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth). This required the court to consider the applicant's character, his ties to Australia, and the broader considerations outlined in Direction 99, which guides decision-makers in such matters.

The court reasoned that the applicant did not pass the character test due to his substantial criminal record, which included sentences of 12 months or more imprisonment. In applying Direction 99, the court weighed the primary considerations of protecting the Australian community and the expectations of the Australian community against the applicant's ties to Australia, such as his long residence and family connections. The court found that the seriousness of the applicant's offending, his high risk of re-offending, and the fact that he had already been returned to the United Kingdom, meant that the protective considerations and community expectations outweighed any countervailing factors.

Consequently, the court affirmed the reviewable decision, finding that there was no other reason to revoke the decision to cancel the applicant's visa. The applicant's visa cancellation was therefore upheld.