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

The Administrative Appeals Tribunal (the Tribunal) considered the case of YYTF and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the mandatory cancellation of the applicant's visa due to his substantial criminal record, which meant he did not pass the character test. The applicant sought a review of the delegate's decision not to revoke this cancellation.

The Tribunal was required to determine whether there was "another reason" why the mandatory cancellation decision should be revoked, pursuant to section 501CA(4)(b) of the *Migration Act 1958* (Cth). This involved assessing various considerations, including the protection of the Australian community from criminal conduct, the strength, nature, and duration of the applicant's ties to Australia, the best interests of any minor children, and the expectations of the Australian community. The Tribunal also had to consider other relevant factors, such as the legal consequences of the decision and the impact of the High Court's decision in *NZYQ*.

In its reasoning, the Tribunal applied the principles outlined in Direction 99, which guides decision-makers in considering mandatory visa cancellations. The Tribunal noted the applicant's significant criminal history, including convictions for robbery armed with an offensive weapon, aggravated stealing, and malicious wounding, with sentences totalling more than 12 months imprisonment. It considered the applicant's claims regarding his family ties in Australia, his health issues, and his completion of an anger management course. However, the Tribunal found that the applicant's oral evidence regarding his family and the impact on minor children was not persuasive, and his past offending indicated a moderate risk of future violence. The Tribunal also noted that the applicant had been released on a Bridging Visa pending the outcome of the review.

The Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of the applicant's visa.