Wade and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This case concerned an application by Mr Wade, a New Zealand citizen, to revoke the mandatory cancellation of his visa. Mr Wade had arrived in Australia as a 17-year-old and had resided there for approximately 30 years, being married to an Australian citizen and having three Australian-born children. He had been found guilty of 40 counts of stealing and fraud-related crimes, resulting in a total effective sentence of three years and nine months imprisonment. The Minister’s delegate had refused to revoke the mandatory cancellation of Mr Wade’s visa.

The primary legal issue before the court was whether there was "another reason" to revoke the mandatory cancellation of Mr Wade's visa, as provided for in section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth). This required the court to consider whether, despite Mr Wade failing the character test due to his substantial criminal record, there were exceptional circumstances that warranted the revocation of the visa cancellation. The court was required to apply Ministerial Direction 90, which outlines the considerations for such decisions, including the protection of the Australian community, the nature and seriousness of the conduct, and the strength and duration of ties to the Australian community.

The court reasoned that while Mr Wade clearly failed the character test, the circumstances of his long-term residence in Australia, his family ties, and the specific nature of his offending, when considered in light of Direction 90, constituted "another reason" to revoke the mandatory cancellation. The court noted that Direction 90 allows for a higher tolerance of criminal conduct by non-citizens who have lived in Australia for most of their lives or from a very young age. Applying these principles, the court found that the mandatory cancellation of Mr Wade's visa should be revoked.

Consequently, the court set aside the delegate's decision and substituted it with a decision to revoke the mandatory cancellation of Mr Wade's visa.