XMBQ and Minister for Home Affairs (Migration)

This matter concerned an application for merits review of a delegate's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant, a 52-year-old man from Somalia, had his visa cancelled under s 501(3A) of the *Migration Act 1958* (Cth) due to a conviction for a sexually based offence involving a child and having a substantial criminal record. The applicant sought revocation of the cancellation, and upon refusal by the delegate, sought review by the Tribunal.

The central legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory visa cancellation, having regard to all relevant considerations, including those outlined in Direction No. 79. This required the Tribunal to weigh competing factors, including the protection of the Australian community, the best interests of minor children, and the expectations of the Australian community, against any countervailing considerations presented by the applicant.

The Tribunal considered the nature and seriousness of the offending, the risk of reoffending linked to alcohol dependency, and the potential harm to the Australian community. It also took into account the applicant's significant impediments to repatriation to Somalia, including an acquired brain injury and mental health conditions. However, the Tribunal ultimately concluded that the unacceptable risk of harm to the Australian community outweighed these considerations. The Tribunal affirmed the decision under review, finding that not revoking the cancellation was the correct or preferable decision in all the circumstances.