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

This matter concerned an application for review of a decision not to revoke the mandatory cancellation of the Applicant's visa. The Applicant, a citizen of Lebanon, had his visa mandatorily cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to having a substantial criminal record, specifically for offences of "Take etc person intend commit serious indictable offence-SI (Attempt)" and "Sexually touch another person without consent-T2". The Applicant subsequently applied for review of the decision not to revoke this cancellation.

The Administrative Appeals Tribunal was required to determine whether there was another reason why the mandatory cancellation of the Applicant's visa should be revoked, pursuant to section 501CA(4) of the Act. In making this determination, the Tribunal was bound to consider Ministerial Direction No. 99, which outlines the principles and considerations relevant to visa refusal and cancellation decisions, including the protection of the Australian community from criminal or other serious conduct, and the weight to be given to the Applicant's ties to Australia and other personal circumstances.

The Tribunal considered the seriousness of the Applicant's offending, noting the sentencing remarks of the District Court judge who described the conduct as "inexcusable" and "almost obscene," and the imposition of a significant custodial sentence. However, the Tribunal also had regard to other considerations, including the Applicant's ties to Australia, the fact that he had lived in Australia since childhood, and the potential impact on his children. On balance, the Tribunal was satisfied that there was another reason to revoke the mandatory cancellation of the Applicant's visa.

Accordingly, the Tribunal set aside the decision not to revoke the mandatory cancellation and, in substitution, decided to revoke the mandatory cancellation of the Applicant's visa.