XSLJ and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs not to revoke the mandatory cancellation of the applicant's visa. The applicant, XSLJ, had his visa cancelled under section 501(3A) of the *Migration Act 1958* because he did not pass the character test. The applicant sought to have this cancellation revoked, arguing there was "another reason" to do so. The review was heard by The Hon. John Pascoe AC CVO, Deputy President.

The court was required to determine whether there was "another reason" to revoke the mandatory visa cancellation, considering the factors outlined in Direction No. 90. Specifically, the court had to weigh the protection of the Australian community against the best interests of the applicant's minor children and the expectations of the Australian community, as well as the applicant's links to Australia. The court also had to consider the nature and seriousness of the applicant's conduct and the risk of reoffending.

In its reasoning, the court acknowledged the applicant's extensive criminal history, particularly drug-related offences, and the seriousness of his convictions, including those committed while on bail. However, the court also gave significant weight to the applicant's evidence of remorse, his stated decision to turn his life around while in prison, and his sustained period of being drug-free since that time. Crucially, the court considered the applicant's strong and improving ties with his three children, who had experienced instability due to their mothers' drug use. The court found that the applicant's desire to provide stability and a positive influence for his children, coupled with his demonstrated efforts to remain drug-free and his expressed remorse, constituted "another reason" to revoke the cancellation.

The Deputy President ordered that the delegate's decision not to revoke the mandatory cancellation of the applicant's visa be set aside. In substitution, it was decided that the mandatory cancellation of the applicant's visa be revoked.