BNNN and Minister for Home Affairs (Migration)

This matter concerned an application by BNNN (the Applicant) to the Administrative Appeals Tribunal (the Tribunal) for the revocation of a mandatory cancellation of his visa. The Applicant's visa had been cancelled under section 501(3A) of the *Migration Act 1958* (Cth) because he did not pass the character test and was serving a full-time term of imprisonment. The Tribunal, constituted by Theodore Tavoularis SM, was required to determine whether the discretion to revoke the mandatory cancellation, as provided in section 501CA of the Act, should be exercised in the Applicant's favour.

The central legal issue before the Tribunal was whether the Applicant had demonstrated sufficient grounds to warrant the revocation of his visa cancellation, particularly in light of the considerations outlined in Direction No 65. This involved assessing the protection of the Australian community from criminal or other serious conduct, the nature and seriousness of the Applicant's past conduct, and the risk of future offending. The Tribunal also had to consider the Applicant's efforts, or lack thereof, towards rehabilitation and addressing the underlying causes of his offending behaviour.

The Tribunal reasoned that the Applicant's offending conduct, while not necessarily escalating in seriousness, was consistent and demonstrated a failure to respect the rights of others and the authority of law enforcement. The Tribunal found that the Applicant's unresolved issues with alcohol significantly contributed to his disregard for legal boundaries and the personal rights of others. Without documentary evidence of rehabilitation or a clear plan to address his alcohol dependency, the Tribunal concluded that it was not reasonable to exercise the discretion to revoke the mandatory cancellation. Consequently, the Tribunal affirmed the decision under review.