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

This matter concerned an appeal by Mr Wytrwal against a decision by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs not to revoke the mandatory cancellation of his Class BF transitional (permanent) visa. The cancellation had been initiated under section 501(3A) of the *Migration Act 1958* (Cth) following Mr Wytrwal's conviction for further offences in June 2017. The Administrative Appeals Tribunal was tasked with reviewing this decision.

The primary legal issue before the Tribunal was whether there was "any other reason" why the mandatory cancellation of Mr Wytrwal's visa should be revoked, as contemplated by section 501CA(4)(b)(ii) of the Act. This required the Tribunal to consider Mr Wytrwal's personal circumstances, including his migration history, his extensive criminal record, his health issues, and his remorse, in determining whether to set aside the delegate's decision.

The Tribunal found that Mr Wytrwal had a significant criminal history, with over 200 convictions across more than 25 court appearances spanning 25 years. Despite receiving a formal counselling letter in 2008 regarding his character and the potential for visa cancellation, he continued to offend. However, the Tribunal also considered Mr Wytrwal's oral evidence detailing his long-term health problems, including an acquired brain injury and severe gastrointestinal issues requiring multiple surgeries, which rendered him unable to work. He also expressed shame and remorse for his offending. The Tribunal concluded that these factors constituted "another reason" to revoke the mandatory cancellation.

Consequently, the Tribunal set aside the delegate's decision and, in substitution, revoked the mandatory cancellation of Mr Wytrwal's visa under section 501CA(b)(ii) of the *Migration Act 1958* (Cth).