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

This matter concerned an application by XLML for review of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision not to revoke the mandatory cancellation of the Applicant's Class TY Subclass 444 Special Category (Temporary) visa. The Applicant did not pass the character test, leading to the mandatory cancellation of his visa. The Applicant sought to have this cancellation revoked, arguing there was another reason to do so. The Administrative Appeals Tribunal considered the matter.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation of the Applicant's visa, as contemplated by the relevant provisions of the *Migration Act 1958* (Cth) and Ministerial Direction No. 79. This required the Tribunal to assess the weight to be given to the protection of the Australian community from harm, considering the Applicant's conduct to date and the risk of future offending.

The Tribunal's reasoning focused on Primary Consideration A of Ministerial Direction No. 79, which mandates consideration of the principle that the Australian Government is committed to protecting the community from harm by non-citizens. The Tribunal noted that remaining in Australia is a privilege for non-citizens, who are expected to be law-abiding and respectful of Australian institutions. In assessing the weight of this consideration, the Tribunal was required to examine the nature and seriousness of the Applicant's conduct and the risk to the community. This involved a detailed review of the Applicant's criminal history in Australia and New Zealand, as well as various court documents and reports.

Ultimately, the Tribunal concluded that it could not exercise the discretion to revoke the cancellation of the Applicant's visa. The decision under review was therefore affirmed.