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

The Administrative Appeals Tribunal considered the case of Zhang and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the mandatory cancellation of the applicant's visa under section 501(3A) of the *Migration Act 1958* due to the applicant not passing the character test. The central question before the Tribunal was whether there was "another reason" to revoke this cancellation.

The Tribunal was required to determine if the circumstances presented constituted an "other reason" to revoke the mandatory visa cancellation, as permitted by section 501CA(4) of the Act. This involved assessing various factors outlined in Direction No. 99, including the protection of the Australian community, the strength, nature, and duration of the applicant's ties to Australia, the best interests of any minor children, community expectations, and the legal consequences of removal.

In its reasoning, the Tribunal acknowledged that the applicant did not pass the character test. However, it carefully weighed the evidence presented, particularly concerning the applicant's family ties and the impact of his absence on his two young Australian citizen daughters. The Tribunal considered the seriousness of the applicant's offending, which involved dealing with proceeds of crime amounting to approximately $3 million, but also noted his low risk of reoffending as assessed by correctional officers and a clinical psychologist. The Tribunal gave significant weight to the best interests of the children, noting the distress caused by their father's absence and the significant burden on their mother, who was the sole carer and faced financial and health challenges. The Tribunal concluded that, when considering all the circumstances, particularly the best interests of the children, the decision not to revoke the visa cancellation was not the preferable one.

Consequently, the Tribunal set aside the reviewable decision of 30 November 2023, which had affirmed the mandatory cancellation of the applicant's visa. In substitution, the Tribunal decided to revoke the cancellation of the applicant's visa.