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

The Administrative Appeals Tribunal considered the case of TZYV and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the mandatory cancellation of the applicant's visa under section 501(3A) of the *Migration Act 1958* (Cth) due to his failure to pass the character test. The applicant had been sentenced to a 12-month Intensive Corrections Order for domestic violence and drug offences.

The Tribunal was required to determine whether the Intensive Corrections Order constituted a 'term of imprisonment' for the purposes of the *Migration Act*. Furthermore, it had to consider whether to revoke the mandatory visa cancellation under section 501CA(4) of the Act, taking into account Direction No. 99. This involved assessing factors such as the protection of the Australian community, the presence of family violence and drug offences, the strength, nature, and duration of the applicant's ties to Australia, the best interests of his minor children in Australia, community expectations, and the extent of impediments to his removal.

In its reasoning, the Tribunal noted the applicant's history of drug use and domestic violence, which led to his children being placed in the care of his mother. However, the Tribunal also considered expert evidence suggesting the children would benefit from the applicant's presence and the significant role his mother played in supporting them. The Tribunal found that the applicant was not beyond hope and that, if he could overcome his drug addiction, he might yet become a good father. The Tribunal ultimately decided to revoke the cancellation of the applicant's visa.