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

This matter concerned an application by XTZM (the Applicant) to the Administrative Appeals Tribunal (the Tribunal) for review of the mandatory cancellation of his visa. The Applicant, a citizen of Bosnia and Herzegovina, had a substantial criminal record. The Respondent was the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.

The Tribunal was required to determine whether to exercise its discretion to revoke the mandatory cancellation of the Applicant's visa. In doing so, it had to consider the primary considerations outlined in the relevant Direction, specifically the protection of the Australian community from harm due to criminal activity, and the risk of the Applicant committing further offences. The Tribunal also had to consider other relevant factors, including the Applicant's personal circumstances and his potential for rehabilitation.

The Tribunal reasoned that while the Applicant's criminal offending was serious, particularly given its cumulative effect, a holistic assessment of all relevant factors weighed in favour of revoking the cancellation. The Tribunal took into account the Applicant's traumatic childhood experiences, his efforts at rehabilitation, including completing various programs and his intention to study youth counselling, and the availability of employment upon his release. The Tribunal concluded that the risk to the Australian community was not so significant as to warrant the continued mandatory cancellation of his visa.

Consequently, the Tribunal set aside the decision under review and substituted its own decision, revoking the mandatory cancellation of the Applicant's Class BA Subclass 200 Refugee visa.