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

The applicant, ZPXP, sought review of a delegate's decision not to revoke the mandatory cancellation of his Bridging visa under section 501(3A) of the *Migration Act 1958* (Cth). The applicant, a Nigerian citizen who had resided in Australia since 2016, was convicted of money laundering recklessly and sentenced to two years' imprisonment, suspended after six months. Following his conviction, his visa was mandatorily cancelled under section 501(3A) of the Act due to his substantial criminal record. The delegate subsequently decided not to revoke this cancellation.

The sole issue before the Tribunal was whether there was "another reason" to revoke the visa cancellation decision under section 501CA(4) of the Act, given that the applicant did not dispute failing the character test. In considering this, the Tribunal was guided by Direction No. 90, which outlines principles for decision-makers, including the protection of the Australian community, the expectations of the Australian community regarding non-citizens' conduct, and the best interests of minor children. The Direction also requires consideration of factors such as impediments to removal and links to the Australian community.

The Tribunal reasoned that while the applicant's conduct was serious, it did not involve violence and he had no prior history of offending. The applicant had resided in Australia for nearly five years before his conviction and had established significant ties, including a partner and a young child. The Tribunal accepted evidence that the applicant's risk of reoffending was assessed as low and that his child's best interests were served by his continued presence in her life. Furthermore, the Tribunal noted that the applicant had engaged in some psychological sessions to address his offending behaviour.

Consequently, the Tribunal set aside the delegate's decision and substituted a new decision revoking the mandatory cancellation of the applicant's Bridging visa.