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

This matter concerned an application by YPWC, a citizen of Vietnam, for review of the mandatory cancellation of his visa under section 501(3A) of the *Migration Act 1958* (Cth). YPWC did not pass the character test due to serious criminal conduct, specifically the cultivation of a significant quantity of cannabis. The Minister had refused to revoke the cancellation, and YPWC sought review of this decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was 'another reason' to revoke the mandatory visa cancellation, considering the framework set out in Direction No. 99. This involved balancing the protection of the Australian community from criminal or other serious conduct against other relevant considerations, including the expectations of the Australian community, the legal consequences of the decision, and the extent of impediments to removal.

The Tribunal considered YPWC's submissions regarding his difficult upbringing in Vietnam, his temporary loss of employment during COVID-19 which led to his offending, and his desire to remain in Australia. However, the Tribunal also had regard to the seriousness of YPWC's conduct, which involved a sophisticated hydroponic cannabis cultivation operation. The Tribunal noted that while YPWC expressed fear of returning to Vietnam due to his criminal convictions and past political activities, he also stated he had never been persecuted for his Catholic faith there. The Tribunal ultimately affirmed the delegate's decision not to revoke the cancellation.