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

This matter concerned an application for review of a decision to cancel the visa of YGJL, a New Zealand citizen holding a Class TY Subclass 444 Special Category (Temporary) visa. YGJL had a substantial criminal record, which meant he failed the character test under the Migration Act 1958 (Cth). The Administrative Appeals Tribunal was required to consider whether there was "another reason" to revoke the mandatory cancellation of his visa, applying Ministerial Direction No 90.

The Tribunal was tasked with determining whether to revoke the mandatory cancellation of YGJL's visa. This involved assessing various considerations outlined in Ministerial Direction No 90, including the protection of the Australian community, the nature and seriousness of YGJL's offending, and the best interests of minor children in Australia affected by the decision. The Tribunal also had to consider other relevant factors presented by the applicant.

In its reasoning, the Tribunal considered YGJL's serious road traffic offences from July 2020, which involved high-speed pursuits, dangerous driving, and possession of a prohibited weapon. While acknowledging the seriousness of these offences, the Tribunal noted that they were historical, there had been no repeat offending of this type in approximately six years, and there was no pattern of increasing seriousness. Consequently, the weight given to this primary consideration against revocation was not heavy. The Tribunal also extensively considered the best interests of six minor children affected by the decision, including YGJL's biological daughter, XE, and Ms TM's five children. The Tribunal was satisfied that YGJL had a parental relationship with XE, despite periods of absence due to incarceration, and accepted his intention, shared by Ms TM, to play a more prominent role in XE's life.

The Tribunal affirmed the decision to cancel YGJL's visa.