Barron and Minister for Home Affairs (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to affirm the mandatory cancellation of the Applicant's visa. The Applicant, a citizen of New Zealand, had his Special Category visa mandatorily cancelled under section 501(3A) of the *Migration Act 1986* (Cth) because he had a substantial criminal record and was serving a term of imprisonment of at least 12 months. The Applicant sought revocation of this cancellation, but the delegate refused, leading to the application for review by the Tribunal.

The Tribunal was required to determine whether to exercise its discretion to revoke the mandatory cancellation of the Applicant's visa. This involved considering the primary considerations outlined in the relevant Direction, specifically the protection of the Australian community, and assessing the nature and seriousness of the Applicant's conduct to date, as well as the risk to the community should he commit further offences. The Tribunal also had to consider other relevant factors.

In its reasoning, the Tribunal noted the Applicant's extensive criminal history in both New Zealand and Australia, which included offences such as driving whilst disqualified, dangerous driving, driving with excess alcohol, dishonesty offences, wilful damage, drug-related offences, unlawful interference with a motor vehicle, and two offences of assaulting a female. The Tribunal found that the Applicant's conduct was serious, particularly the violent offences against a female. Applying the principles that violent crimes, especially against women, are viewed very seriously, and considering the cumulative effect of repeated offending, the Tribunal concluded that the protection of the Australian community was a paramount consideration.

Ultimately, the Tribunal decided not to exercise its discretion to revoke the cancellation of the Applicant's visa. The decision under review was affirmed.