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

This matter concerned the mandatory cancellation of the applicant's visa on character grounds under section 501(3A) of the *Migration Act 1958* (Cth). The dispute arose from the applicant's challenge to the decision to cancel her visa, which was heard by Deputy President B W Rayment Oam Qc P.

The court was required to determine whether the decision-maker had properly exercised the discretion under Direction No. 79, particularly in assessing the primary considerations of the protection of the Australian community and the best interests of the applicant's minor children. The court also considered other relevant factors, including the strength, nature, and duration of the applicant's ties to Australia and the extent of impediments she might face if removed.

The court reasoned that while the protection of the Australian community is a primary consideration, the weight given to each consideration is for the decision-maker. The applicant had a history of violent offending, including two convictions for assault, one of which occurred after her visa had previously been cancelled and then revoked with a warning. However, the court noted that the applicant had ceased using methamphetamine in April 2018, had shown signs of rehabilitation, and the likelihood of reoffending was assessed as low to moderate. Regarding the best interests of her children, who were in the care of NSW FACS, the court acknowledged the applicant's regular contact with them. Other considerations included the applicant's adoption at a young age, her family ties in Australia, and the potential lack of support she might receive if deported.

The decision under review was set aside and substituted, indicating that the court found the original decision to cancel the visa was not made in accordance with the law or the relevant Direction.