Au and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application by Mr. Au to review the non-revocation of a mandatory cancellation of his visa under section 501(3A) of the *Migration Act 1958* (Cth). The decision under review affirmed the mandatory cancellation, which was triggered by Mr. Au's criminal offending and sentence to a term of imprisonment. The Tribunal was required to consider the primary considerations outlined in Direction No. 79, including the nature and seriousness of Mr. Au's conduct, the cumulative effect of his reoffending, the risk he posed to the Australian community, the best interests of his minor children, and the expectations of the Australian community. Other considerations, such as the strength, nature, and duration of his ties to Australia and the extent of impediments to his removal, were also to be taken into account.

The Tribunal's reasoning focused on balancing the competing considerations. It found that Mr. Au had an established history of criminal offending and drug misuse, which weighed heavily against him. The Tribunal considered the cumulative effect of this offending and the risk posed to the Australian community. While acknowledging the best interests of Mr. Au's two minor children, who were Australian citizens, and the expectations of the Australian community, these factors were not found to be sufficiently compelling to outweigh the seriousness of his conduct and the associated risks. The Tribunal also considered Mr. Au's ties to Australia, including his long period of residence and his children, but concluded that these were insufficient to displace the mandatory cancellation.

Ultimately, the Tribunal affirmed the decision under review, meaning the mandatory cancellation of Mr. Au's visa was not revoked.