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

The Administrative Appeals Tribunal (the Tribunal) considered the case of Brown and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the Applicant's request for the revocation of his visa cancellation, which had been mandated under section 501(3A) of the *Migration Act 1958* (Cth) due to his substantial criminal record. The Applicant, a citizen of the United Kingdom who had resided in Australia since the age of 12, had a significant criminal history, including convictions for grievous bodily harm and unlawful wounding, for which he received a sentence of four years and six months imprisonment.

The Tribunal was required to determine whether the discretion under section 501CA(4) of the Act should be exercised to revoke the visa cancellation. This involved assessing whether the Applicant passed the character test, or alternatively, whether there was another reason why the cancellation decision should be revoked. The Applicant's criminal record, specifically his sentencing to a term of imprisonment of 12 months or more, meant he did not pass the character test as defined by section 501(6)(a) and 501(7)(c) of the Act.

In its reasoning, the Tribunal weighed the considerations for and against revocation. While acknowledging various letters of support attesting to the Applicant's character, family ties in Australia, and remorse, the Tribunal found that these factors were outweighed by the primary consideration of protecting the Australian community. The nature and seriousness of the Applicant's conduct, particularly his most recent convictions, were deemed significant. Consequently, the Tribunal concluded that there was not another reason why the original decision to cancel the visa should be revoked.

The Tribunal affirmed the decision of the delegate of the Minister made on 17 December 2019, which refused to revoke the mandatory cancellation of the Applicant's visa under section 501CA(4) of the *Migration Act 1958* (Cth).