XJGN and Minister for Immigration, Citizenship & Multicultural Affairs (Migration)

The applicant, XJGN, sought revocation of his visa cancellation, which was mandated under section 501(3A) of the *Migration Act 1958* due to his failure to pass the character test. The Minister for Immigration, Citizenship & Multicultural Affairs opposed the revocation. The matter came before the Administrative Appeals Tribunal for review.

The primary legal issue before the Tribunal was whether there was an "another reason" under section 501CA(4) of the Act to revoke the mandatory visa cancellation. This required the Tribunal to consider various factors, including the protection of the Australian community, the applicant's links to Australia, the expectations of the Australian community, and the legal consequences of the decision, all within the framework of Direction No. 99.

The Tribunal considered the applicant's extensive criminal history, which included offences of violence, theft from vulnerable individuals, and domestic violence. It noted that the visa cancellation offence involved the applicant, who was COVID-19 positive, attempting to escape transport and coughing in an enclosed space, thereby exposing officials to risk. The Tribunal also considered the applicant's denial of certain facts relating to his convictions and his abuse of female prison staff. While acknowledging the applicant's claims of having learned from his offending and his desire to change, the Tribunal found that the seriousness and cumulative nature of his conduct, particularly against vulnerable individuals and in disregard of public health, weighed heavily against revocation. The Tribunal also considered the applicant's statelessness and the potential for indefinite detention, which it acknowledged as a significant factor in favour of revocation. However, after weighing all the evidence, the Tribunal concluded that the factors weighing against revocation were not outweighed by those in favour.

Accordingly, the Tribunal affirmed the reviewable decision of 18 May 2023, which was not to revoke the cancellation of the applicant's visa.