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

This matter concerned an application to review the exercise of a discretion to cancel the visa of an Albanian citizen, BPBR. The applicant had a substantial criminal record, having been sentenced to a term of imprisonment of over 12 months for offences including the commercial cultivation of cannabis. The dispute before the Tribunal was whether the applicant's visa should be cancelled based on her character.

The Tribunal was required to determine whether the applicant met the character test, specifically whether she had a substantial criminal record, and if so, to consider the exercise of the discretion to cancel her visa. This involved assessing the nature and seriousness of her conduct, the risk of re-offending, her ties to the Australian community, and the expectations of the Australian community. A key issue was the applicant's inconsistent account of her involvement in criminal activities compared to the basis on which she was sentenced.

The Tribunal found that the applicant did have a substantial criminal record, triggering the character test provisions. The applicant's involvement in the commercial cultivation of cannabis on multiple occasions was considered serious offending, demonstrating a disregard for the law and involvement in organised criminal activity. While acknowledging the applicant had been a victim of family violence, the Tribunal was not persuaded that this explained or excused her criminality, particularly as her criminal associations predated that relationship. The Tribunal weighed the seriousness of the offending and the risk of re-offending, given her past associations, against factors such as her limited ties to the Australian community.

Ultimately, the Tribunal was satisfied that the protection of the Australian community outweighed any considerations favouring the applicant. The Tribunal exercised its discretion to cancel the applicant's visa, affirming the original decision.