Burton and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by Mr Burton for the revocation of a mandatory visa cancellation decision made under section 501(3A) of the *Migration Act 1958* (Cth). Mr Burton, a New Zealand citizen, had accumulated an extensive criminal record in Australia between 2012 and 2014, including multiple prison sentences totalling more than 12 months. Consequently, his visa was cancelled on character grounds. He subsequently sought review of the delegate's decision not to revoke this cancellation.

The primary legal issue before the Tribunal was whether there was any reason, pursuant to section 501CA(4)(b) of the *Migration Act*, to revoke the visa cancellation decision. This required the Tribunal to determine if Mr Burton passed the character test or if there was another reason justifying revocation. The Tribunal was bound to consider the Minister's Direction No. 65, which provides guidance on visa refusal and cancellation under section 501 and revocation under section 501CA.

The Tribunal found that Mr Burton did not pass the character test, as he had a substantial criminal record, having been sentenced to terms of imprisonment totalling more than 12 months. The Tribunal then considered whether there was "another reason" to revoke the cancellation, as contemplated by section 501CA(4)(b)(ii). While Mr Burton submitted grounds such as not posing a risk, remorse, rehabilitation efforts, and family support, the Tribunal weighed these against the nature and seriousness of his offending conduct. Given the extensive and repeated nature of his criminal behaviour, the Tribunal concluded that these considerations did not outweigh the public interest in maintaining the visa cancellation.

The Tribunal affirmed the delegate's decision not to revoke the cancellation of Mr Burton's visa. Mr Burton had already been removed from Australia to New Zealand prior to the Tribunal's decision.