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

The case of *Wardhana and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)* concerned an application to revoke the mandatory cancellation of the applicant's visa. The applicant failed to pass the character test due to a substantial criminal record, having been sentenced to 12 months imprisonment. The central dispute revolved around whether there was "another reason" to revoke this mandatory cancellation, as required by section 501CA(4)(b)(i) of the *Migration Act 1958* (Cth).

The legal issues before the Tribunal were whether the applicant's circumstances constituted "another reason" to revoke the mandatory visa cancellation, and how Ministerial Direction No. 99, specifically concerning visa refusal and cancellation under section 501 and revocation of mandatory cancellations, should be applied. This involved assessing the applicant's criminal conduct, the risk of reoffending, and balancing these against countervailing considerations such as ties to Australia, the interests of minor children, and impediments to return.

The Tribunal reasoned that the applicant's offending was a direct consequence of his repeated relapses into heroin addiction, which had led to multiple offences. Despite completing some rehabilitation courses and attempting to address his addiction, his history demonstrated a persistent pattern of relapse and re-offending. The Tribunal considered the primary consideration of protecting the Australian community, noting the seriousness of family violence and the applicant's repeated relapses. It found that the protection of the Australian community and the expectations of the community regarding family violence outweighed the applicant's ties to Australia, the interests of his minor children, and any impediments to his return to Indonesia. Consequently, the Tribunal concluded that there was no other reason to revoke the mandatory cancellation of the applicant's visa.