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

The Administrative Appeals Tribunal considered the case of VXXG and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the mandatory cancellation of VXXG's Bridging C visa due to his failure to pass the character test, stemming from his criminal record. VXXG sought revocation of this cancellation.

The Tribunal was required to determine whether there was "another reason" why the mandatory cancellation of VXXG's visa should be revoked, pursuant to section 501CA(4)(b)(ii) of the Migration Act 1958 (Cth). This involved assessing VXXG's criminal history, including convictions for sexual assault, assault occasioning actual bodily harm, and property damage, against the principles outlined in Ministerial Direction No. 99 and relevant case law, such as *Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs*.

The Tribunal applied a comprehensive, holistic, and integrated approach to the primary and other considerations outlined in Ministerial Direction No. 99, as well as additional factors. It found that VXXG did not pass the character test due to his substantial criminal record, specifically being sentenced to imprisonment for more than 12 months. While VXXG made representations seeking revocation, the Tribunal concluded that, on balance, these did not provide a sufficient reason to revoke the cancellation decision. The Tribunal affirmed the delegate's decision not to revoke the cancellation of VXXG's visa.