Campbell 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 New Zealand citizen who arrived in Australia at age 32, had a substantial criminal record involving family violence, assault, and weapons and ammunition possession, and had been sentenced to terms of imprisonment totalling 12 months or more. The delegate's decision was affirmed by the Tribunal.

The Tribunal was required to determine two 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 to revoke the cancellation decision under section 501CA(4) of the Act. The Tribunal considered evidence including the Applicant's own testimony, evidence from his half-brother and father, and various documents submitted by both parties, including the Applicant's criminal offending history and the delegate's decision.

In its reasoning, the Tribunal applied the principles outlined in Direction No 99, which guides decision-makers in considering mandatory visa cancellations. The Tribunal weighed the primary consideration of the protection of the Australian community against other considerations, including the nature and seriousness of the Applicant's conduct, the risk posed to the community, and the strength, nature, and duration of his ties to Australia. While acknowledging the Applicant had shown some insight and undertaken rehabilitation, the Tribunal found that the frequency and slight increase in seriousness of his offences weighed moderately against revocation. The Tribunal also considered the Applicant's ties to Australia, noting he had no minor children and his stated loss of contact with other family members in Australia since his youth.

Ultimately, the Tribunal affirmed the delegate's decision not to revoke the cancellation. The Tribunal was not satisfied that there was another reason to revoke the cancellation decision, and therefore the mandatory cancellation of the Applicant's visa stood.