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

This matter concerned an application for review under s 501CA(4) of the *Migration Act 1958* (Cth) of a decision to refuse to revoke a mandatory visa cancellation made under s 501(3A) of the Act. The applicant did not pass the character test due to having a substantial criminal record. The review was heard by Theodore Tavoularis SM.

The legal issue before the Tribunal was whether there was another reason to revoke the mandatory visa cancellation, considering the framework provided by Ministerial Direction Number 90. This involved assessing the applicant's conduct against the principles outlined in the Direction, including Australia's sovereign right to determine who may remain in the country, the expectation that serious conduct will lead to visa refusal or cancellation, and Australia's tolerance for criminal behaviour based on the duration of a non-citizen's ties to the community. The Tribunal was required to take into account the primary considerations of protection of the Australian community, family violence, the best interests of minor children, and community expectations, as well as other considerations such as international obligations, impediments to removal, and the impact on victims and Australian business interests.

The Tribunal applied the principles of Ministerial Direction Number 90, noting that paragraph 5.2 provides a framework for decision-makers. The Tribunal considered the primary and other considerations stipulated in paragraphs 8 and 9 of the Direction. Ultimately, the Tribunal concluded that it could not exercise the discretion to revoke the mandatory cancellation of the applicant's visa.

The decision under review was affirmed.