ZRTY and Minister for Immigration and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision by the Minister for Immigration and Multicultural Affairs to refuse to revoke the mandatory cancellation of the Applicant's visa. The Applicant had failed to pass the character test due to criminal offending. The core dispute revolved around whether there was "another reason" to revoke the mandatory cancellation decision, as required by the Migration Act 1958 (Cth).

The Tribunal was required to determine whether, in light of Ministerial Direction No. 110, the Applicant had established another reason to revoke the mandatory cancellation of his visa. This involved assessing the nature and seriousness of his criminal conduct, the risk of recidivism, and any other relevant considerations. The Tribunal had to weigh the factors favouring revocation against those against it, with a primary focus on the protection of the Australian community.

The Tribunal's reasoning centred on the application of Ministerial Direction No. 110. It found that the Applicant's criminal offending was "very serious" and that the risk of recidivism was high, based on expert evidence and the Applicant's own admissions regarding drug use and mental health issues. Despite acknowledging the Applicant's engagement with treatment and the support of his family, the Tribunal concluded that these factors were outweighed by the seriousness of his past conduct and the identified risk of future offending. The Tribunal ultimately found that there was not "another reason" to revoke the mandatory cancellation decision.