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

This matter concerned an application to the Administrative Appeals Tribunal (the Tribunal) for the revocation of a mandatory visa cancellation. The applicant, VRYP, did not pass the character test due to a substantial criminal record, specifically a sentence of 12 months or more imprisonment. The core dispute was whether there was "another reason" to revoke the mandatory cancellation decision, as required by section 501CA(4)(b)(i) of the *Migration Act 1958* (Cth).

The Tribunal was required to determine whether the applicant had established "another reason" to revoke the mandatory visa cancellation, having regard to Ministerial Direction No. 99. This involved assessing the weight to be given to the primary consideration of protecting the Australian community, as well as considering the "Other Considerations" outlined in the Direction. Specifically, the Tribunal had to evaluate the nature and seriousness of the applicant's conduct and the risk of reoffending, against factors such as the applicant's ties to Australia and the potential impediments to removal.

In its reasoning, the Tribunal considered expert evidence regarding the applicant's risk of reoffending, which indicated a low risk based on psychological assessments. The Tribunal also found that the applicant had strong familial and social ties in Australia. Despite the applicant's failure to pass the character test, the Tribunal concluded that the factors favouring revocation outweighed those against it. Consequently, the Tribunal found that there was another reason to revoke the mandatory cancellation decision.

The Tribunal set aside the decision not to revoke the mandatory cancellation and substituted a new decision revoking the mandatory cancellation of the applicant's visa.