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

This matter concerned an application by XGGB for the non-revocation of a mandatory cancellation of his Class XB Subclass 202 Global Special Humanitarian visa. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the respondent. The decision was made by the Administrative Appeals Tribunal.

The Tribunal was required to determine two issues: first, whether XGGB passed the character test as defined in the *Migration Act 1958* (Cth); and second, if he did not pass the character test, whether there was "another reason" why the visa cancellation should be revoked.

The Tribunal found that XGGB failed the character test due to having a substantial criminal record, having been sentenced to an aggregate term of 14 months imprisonment. In considering whether there was another reason to revoke the cancellation, the Tribunal was required to comply with Ministerial Direction No 90. This Direction outlines primary considerations, including protection of the Australian community, family violence, the best interests of minor children, and community expectations, as well as other considerations such as international non-refoulement obligations. The Tribunal noted that crimes of a violent nature against women or children, and acts of family violence, are viewed very seriously. The Tribunal's decision affirmed the original decision to cancel the visa.