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

This matter concerned an appeal by XPLW against a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to mandatorily cancel the applicant's visa. The applicant had a substantial criminal record, having been convicted of intentionally causing serious injury and sentenced to seven years imprisonment with a non-parole period of four years. The court was required to determine whether there was "another reason" to revoke the mandatory cancellation decision, as the applicant did not pass the character test under section 501(6)(a) of the Migration Act 1958 (Cth).

The court considered the factors for and against revoking the mandatory cancellation decision, as required by section 501CA(4)(b)(ii) of the Migration Act. The applicant presented evidence of strong links to the Australian community, including his Australian citizen sister who has terminal cancer and is concerned about the care of her young daughter, and his parents who are refugees in Australia. The court also had regard to the applicant's history of persecution in Egypt due to his Coptic Christian faith. These countervailing considerations were weighed against the primary considerations of the protection of the Australian community and the expectations of the Australian community.

The court found that the applicant's strong ties to Australia, particularly his family's circumstances and his own history of persecution, constituted "another reason" why the mandatory cancellation decision should be revoked. The court concluded that these countervailing considerations outweighed the primary considerations. Consequently, the court set aside the Minister's decision to cancel the applicant's visa and substituted it with a decision to revoke the cancellation.