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

The applicant, YCDY, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to revoke the mandatory cancellation of their Class XB Subclass 202 Global Special Humanitarian visa. The visa had been cancelled under section 501 of the *Migration Act 1958* (Cth) because the applicant did not pass the character test. The matter was heard by M Griffin QC SM in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the Minister had erred in refusing to revoke the visa cancellation, and in doing so, whether the Minister had properly considered the relevant considerations under Ministerial Direction No. 90. Specifically, the Tribunal was required to assess the weight given to factors such as the protection of the Australian community, the seriousness of the offending and future risk, family violence, special considerations, the best interests of minor children in Australia, expectations of the Australian community, international non-refoulement obligations, the extent of impediments if removed, the impact on victims, and the strength, nature, and duration of the applicant's ties to Australia.

The Tribunal found that the delegate had failed to give sufficient weight to certain considerations, particularly the best interests of the minor children in Australia and the applicant's limited ties to their country of origin. The Tribunal concluded that the delegate's assessment of the risk posed by the applicant was not adequately balanced against these mitigating factors. Consequently, the Tribunal set aside the decision under review and substituted a new decision to revoke the mandatory cancellation of the applicant's visa.