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

This matter concerned an appeal by ZDPL against a decision by a delegate of the Minister for Immigration, Citizenship, and Multicultural Affairs not to revoke the mandatory cancellation of his visa. ZDPL, a South Sudanese citizen who arrived in Australia as a child and held a Refugee (Class BA) (Subclass 200) visa, had his visa mandatorily cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to having a substantial criminal record and having been sentenced to a term of imprisonment of 12 months or more. The Administrative Appeals Tribunal was required to determine whether there was "another reason" why the mandatory visa cancellation should be revoked, as provided for in section 501CA(4)(b)(ii) of the Act.

The Tribunal considered the primary considerations outlined in Ministerial Direction No. 99, including the protection of the Australian community from criminal or other serious conduct, and other relevant considerations. It assessed the nature and seriousness of ZDPL's offending history, which included common assault (domestic violence), high-range drink driving, common assault at a licensed premises, and offences involving property damage by fire and custody of a knife in public. The Tribunal also had regard to ZDPL's personal circumstances, including his upbringing in a refugee camp, his long period of residence in Australia, and expert evidence from a forensic psychologist.

Applying the principles established in *Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs* and *Viane v Minister for Immigration and Border Protection*, the Tribunal undertook a comprehensive, holistic, and integrated review of all relevant considerations. It found that, on balance, these considerations favoured setting aside the delegate's decision. Consequently, the Tribunal set aside the delegate's decision and substituted it with a decision to revoke the mandatory cancellation of ZDPL's visa.