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

This matter concerned an application for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the Applicant's visa. The Applicant, a 20-year-old Liberian citizen who arrived in Australia at age three, had his visa cancelled due to a substantial criminal record, including offences of aggravated home burglary and aggravated armed robbery. The review was heard by M Evans-Bonner SM in the General Division of the Administrative Appeals Tribunal.

The Tribunal was required to determine two primary issues: first, whether the Applicant passed the character test as defined by section 501(6) of the *Migration Act 1958* (Cth); and second, if he did not pass the character test, whether there was another reason why the visa cancellation decision should be revoked under section 501CA(4) of the Act. In considering these issues, the Tribunal was directed to have regard to Direction No 99, which outlines various considerations including the protection of the Australian community, the nature and seriousness of the conduct, the risk to the community, the Applicant's ties to Australia, the best interests of his minor daughter and cousins, community expectations, and Australia's international non-refoulement obligations.

In its reasoning, the Tribunal considered the evidence presented, including submissions from both parties and evidence from the Applicant's aunt and the grandmother of his minor daughter. The Tribunal found that the primary consideration under paragraph 8.5 of Direction No 99, namely the expectations of the Australian community, weighed moderately against the revocation of the cancellation decision. The Tribunal also noted the legal consequences of the decision, including the Applicant's liability for removal from Australia and the relevance of non-refoulement obligations, although no protection finding had been made regarding the Applicant.

The Tribunal ultimately set aside the delegate's decision and substituted it with its own decision.