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

This matter concerned the review of a delegate's decision not to revoke the mandatory cancellation of WSRV's Class BB Subclass 155 Five Year Resident Return Visa. WSRV, a citizen of the United Kingdom, had his visa cancelled under section 501(3A) of the *Migration Act 1958* (Cth) for failing the character test due to a prison sentence. Following WSRV's representations, a delegate decided not to revoke the cancellation, leading to WSRV's request for review by the Tribunal.

The central legal issue before the Tribunal was whether there was "another reason" to revoke the visa cancellation decision, as contemplated by section 501CA(4) of the Act. This required the Tribunal to consider various primary and other considerations outlined in Direction No. 79, including the protection of the Australian community, the best interests of minor children, the expectations of the Australian community, the strength, nature and duration of ties to Australia, and the extent of impediments if removed from Australia.

The Tribunal reasoned that while the protection of the Australian community weighed against revocation, this consideration was not heavily weighted due to a low to medium likelihood of reoffending. Crucially, the Tribunal found that the best interests of WSRV's minor children were significantly impacted by the potential cancellation. Specifically, the Tribunal noted the strong and ongoing parental relationship WSRV maintained with his 17-year-old daughter, SM, who had regular and close contact with him. The Tribunal also considered the strength and duration of WSRV's ties to Australia, having lived there since childhood, and the significant impediments to his removal, including the lack of family and friends in the United Kingdom and the inability to maintain regular contact with his seven children.

Ultimately, the Tribunal decided to set aside the delegate's decision refusing to revoke the visa cancellation and substituted it with a decision revoking the visa cancellation. This outcome permitted WSRV to remain in Australia.