TVVT and Minister for Home Affairs (Migration)

This matter concerned an application to the Tribunal for the revocation of a mandatory visa cancellation. The applicant, who conceded he did not pass the character test, sought revocation under section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth), arguing there was another reason why the cancellation decision should be revoked. The Tribunal considered the applicant's background, including his traumatic childhood in Sudan, his arrival in Australia at a young age, his subsequent experiences of homelessness and drug use, and his history of offending.

The Tribunal was required to determine whether, despite the applicant failing the character test due to his substantial criminal record, there were other compelling reasons to revoke the mandatory visa cancellation. This involved applying the principles outlined in Ministerial Direction 65, which guide the exercise of discretion in such matters. The Direction emphasises Australia's sovereign right to determine who remains in the country, the community's expectation that serious offenders will be removed, and the varying levels of tolerance for offending based on the length of time a non-citizen has resided in and contributed to the Australian community.

The Tribunal reasoned that while the applicant's convictions for armed robbery, which involved threats of violence against children, were serious and engaged paragraph 13.1 of the Direction, other factors weighed in favour of revocation. These included the applicant's very young age upon arrival in Australia, his prolonged residence and integration into the Australian community from a young age, and the significant trauma he experienced in his formative years. The Tribunal found that these countervailing considerations, particularly in light of the applicant's age and history, constituted "another reason" why the mandatory cancellation should be revoked. Consequently, the Tribunal set aside the decision to refuse revocation and substituted a decision revoking the mandatory cancellation of the applicant's visa.