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

WBVB (the applicant) sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs not to revoke the mandatory cancellation of WBVB's visa. The cancellation was based on WBVB failing to pass the character test under section 501 of the *Migration Act 1958* (Cth). The matter was heard by M Griffin KC SM in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether there was "another reason" to revoke the mandatory visa cancellation, as contemplated by section 501(2) of the *Migration Act*. This required the Court to consider the applicant's circumstances in light of the considerations outlined in Direction No. 90, which governs the exercise of the Minister's discretion in such matters.

The Court's reasoning focused on a comprehensive assessment of the factors relevant under Direction No. 90. This included the protection of the Australian community, the nature and seriousness of the applicant's conduct, the risk of reoffending, the impact of family violence, the best interests of minor children, the expectations of the Australian community, international non-refoulement obligations, the extent of impediments to removal, the impact on victims, and the applicant's links to the Australian community. After weighing these competing considerations, the Court found that the decision under review was not sound.

The Court set aside the decision of the Minister and substituted its own decision, revoking the mandatory visa cancellation.