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

This matter concerned an application for review by the Applicant, a citizen of South Africa, of a decision by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs not to revoke the mandatory cancellation of his visa. The Applicant's visa had been cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to his substantial criminal record, which included convictions for attempted armed robbery and entering a dwelling with intent to commit an offence, among others. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the Applicant passed the character test and, if not, whether there was another reason to revoke the visa cancellation.

The Tribunal was tasked with considering two primary issues. Firstly, it had to assess whether the Applicant met the character test as defined by section 501(6) of the *Migration Act*. Secondly, if the Applicant failed to meet the character test, the Tribunal had to determine if there was another compelling reason to revoke the visa cancellation decision under section 501CA(4)(b)(ii) of the Act. In making this determination, the Tribunal was guided by Direction No. 99, which outlines primary and other considerations, including the protection of the Australian community, the nature and seriousness of the Applicant's conduct, the risk to the community, the strength of ties to Australia, and the best interests of the Applicant's son.

The Tribunal found that the Applicant's criminal conduct, including attempted armed robbery and aggravated burglary, was very serious, despite being at the lower end of offending for such charges. It noted that the Applicant had demonstrated remorse and entered early guilty pleas. However, the Tribunal also considered the risk of reoffending and the nature of harm to the community, finding that the Applicant's conduct showed a disregard for the rights and property of others and the orders of the court. After weighing all the primary and other considerations, including the Applicant's ties to Australia and the best interests of his son, the Tribunal set aside the delegate's decision and substituted it with a decision to revoke the visa cancellation.