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

This matter concerned an application for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant, a 66-year-old man who arrived in Australia as an infant, had his visa cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to having a substantial criminal record and serving a full-time sentence of imprisonment. The delegate's decision not to revoke the cancellation was the subject of the review before the Tribunal.

The Tribunal was required to determine two issues: first, whether the applicant passed the character test as defined by section 501(6) of the *Migration Act*; and second, if he did not pass the character test, whether there was another reason why the visa cancellation decision should be revoked under section 501CA(4) of the *Migration Act*. The applicant sought to rely on his history as a victim of child sexual abuse, his significant health conditions, and the best interests of his minor children as grounds for revocation.

In its reasoning, the Tribunal considered the primary considerations outlined in Direction No 90, including the protection of the Australian community, the nature and seriousness of the conduct, the risk to the community, and the expectations of the Australian community. It also considered other considerations, specifically the applicant's history of child sexual abuse, his significant health conditions, and the best interests of his minor children. The Tribunal found that the applicant's extensive ties to Australia, his age, and his victimisation as a child constituted "another reason" why the cancellation decision should be revoked.

Consequently, the Tribunal set aside the delegate's decision and substituted it with a decision to revoke the mandatory cancellation of the applicant's visa.