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

This matter concerned an application by YYPP (the Applicant) to the Administrative Appeals Tribunal (the Tribunal) seeking to revoke the mandatory cancellation of his Class TY Subclass 444 Special Category (Temporary) visa. The cancellation had been initiated because the Applicant did not pass the character test. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) was the Respondent. The decision was made by B. Pola SM.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation decision, as contemplated by the *Migration Act 1958* (Cth). This required the Tribunal to consider and apply Ministerial Direction No 79, which outlines the framework for assessing such matters, particularly focusing on the protection of the Australian community and the best interests of minor children. The Tribunal was compelled to consider the nature and seriousness of the Applicant's conduct and the risk to the community, as well as any other relevant considerations.

In its reasoning, the Tribunal referred to paragraph 13.1 of Ministerial Direction No 79, which mandates consideration of the principle that the Australian community must be protected from harm. It noted that mandatory cancellation is consistent with this principle, acknowledging that remaining in Australia is a privilege for non-citizens who must not abuse it by breaking laws. The Tribunal extensively reviewed the Applicant's criminal history, referencing numerous court documents and reports, to assess the seriousness of his conduct and the risk of re-offending. The Tribunal concluded that, based on the totality of the Applicant's offending, it could not exercise the discretion to revoke the cancellation.

Consequently, the Tribunal affirmed the decision of the delegate of the Respondent dated 5 August 2020 not to revoke the mandatory cancellation of the Applicant’s visa.