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

The Administrative Appeals Tribunal reviewed the decision to revoke the mandatory cancellation of the Applicant's Global Special Humanitarian visa. The Applicant did not pass the character test, leading to the mandatory cancellation. The central dispute concerned whether there was "another reason" to revoke this cancellation, considering the Applicant's circumstances and the potential consequences of his removal from Australia.

The Tribunal was required to determine whether the Applicant's ties to Australia, particularly his family relationships, and the best interests of any minor children, constituted "other considerations" that should outweigh the mandatory cancellation. Furthermore, the Tribunal had to assess the risk of serious or significant harm to the Applicant if he were returned to South Sudan, his agreed receiving country, in light of his ethnicity and lack of ties there.

The Tribunal reasoned that while the Applicant had a history of offending, some of which involved violence, the more serious offences occurred after significant personal trauma, namely the death of his brother. The Tribunal found the Applicant's ties to his Australian family, particularly his mother and siblings, to be strong and loving, noting his role in supporting them. Crucially, the Tribunal accepted the Applicant's claims regarding the significant risk of harm he would face in South Sudan due to his Dinka ethnicity and the prevailing conflict and ethnic tensions there, compounded by his lack of any familial or social connections in that country. The Tribunal considered Ministerial Direction No. 99, which requires primary considerations to be given greater weight.

The Tribunal set aside the decision to revoke the mandatory cancellation of the Applicant's visa. This outcome was based on the finding that the risk of serious or significant harm to the Applicant in South Sudan, coupled with his strong ties to his family in Australia, constituted "another reason" to revoke the mandatory cancellation.