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

This matter concerned an application for review of a decision not to revoke the mandatory cancellation of the Applicant's visa. The Applicant, born in 1992, had a history of trauma and separation from his family, including the death of his mother and subsequent care by an aunt before immigrating to Australia in 2013. He had established ties in Australia, including a partner, children, and employment. The Applicant's visa was mandatorily cancelled due to his substantial criminal record, which included a conviction for common assault (domestic violence) and multiple driving offences, some of which resulted in terms of imprisonment.

The primary legal issue before the Tribunal was whether there was "another reason" why the mandatory cancellation of the Applicant's visa should be revoked, as required by the relevant Direction. This involved balancing various considerations, including the protection of the Australian community from criminal conduct, the risk of reoffending, the best interests of the Applicant's minor children, community expectations, international non-refoulement obligations, the strength and duration of the Applicant's ties to Australia, and the extent of impediments to his removal.

The Tribunal considered the Applicant's criminal conduct, noting its consistent nature throughout his time in Australia and the seriousness reflected in the custodial sentences imposed. It acknowledged the significant risk of reoffending. However, in balancing all the considerations, the Tribunal found that the factors favouring the revocation of the mandatory cancellation outweighed those against it. The Tribunal set aside the delegate's decision and substituted it with a decision to revoke the mandatory cancellation of the Applicant's visa.