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

The Administrative Appeals Tribunal considered a dispute between XVNQ (the applicant) and the Minister for Immigration, Citizenship and Multicultural Affairs concerning the cancellation of the applicant's visa. The applicant sought to have the cancellation revoked.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the visa cancellation, as contemplated by the *Migration Act 1958* (Cth). This required the Tribunal to weigh various considerations, including the applicant's very serious criminal offending, the likelihood of re-offending, and the expectations of the Australian community, against factors favouring revocation, specifically the best interests of the applicant's three young children.

The Tribunal found that the best interests of the applicant's children constituted a strong countervailing consideration. In the specific circumstances of this case, this factor was found to outweigh the other considerations that weighed against revocation, such as the serious criminal offending and risk of re-offending. The Tribunal was satisfied that this "other reason" justified the revocation of the visa cancellation.

Consequently, the Tribunal set aside the delegate's decision to refuse to revoke the cancellation and substituted a decision revoking the cancellation of the applicant's Class TY Subclass 444 Special Category (Temporary) visa.