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

The applicant, YNCP, sought judicial review of the Minister for Immigration, Citizenship and Multicultural Affairs' decision to refuse to revoke a mandatory cancellation of their visa. The applicant, a citizen of Fiji, had a criminal history including offences related to family violence, driving, and drugs. The applicant had five minor children. The matter was heard by Deputy President B W Rayment Oam Kc P.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for revocation of the mandatory visa cancellation under section 501(1) of the *Migration Act 1958* (Cth). This required the Tribunal to consider whether it was satisfied that the applicant did not pass the character test, and if so, whether there were compelling reasons to revoke the cancellation.

The Deputy President found that the applicant did not pass the character test due to their criminal convictions. However, after considering all the evidence, including the applicant's personal circumstances, the impact on their children, and the steps taken towards rehabilitation, the Deputy President was satisfied that there were compelling reasons to revoke the mandatory cancellation. The Deputy President applied the principles established in migration law concerning the assessment of character and the balancing of competing factors in revocation decisions.

The decision of the Minister to refuse to revoke the mandatory cancellation was set aside and substituted with a decision to revoke the cancellation.