Candemir and Minister for Immigration and Border Protection (Migration)

This matter concerned an application to revoke the mandatory cancellation of the applicant's visa under section 501CA of the *Migration Act 1958* (Cth). The applicant, born in Turkey in 1968, had resided in Australia since he was an infant. His visa was cancelled due to his substantial criminal record, primarily related to drug offences. The applicant sought to have this cancellation revoked, arguing that the decision to cancel his visa was not in the best interests of the Australian community or the minor children affected by the decision.

The Tribunal was required to consider several factors in determining whether to revoke the visa cancellation. These included the protection of the Australian community, the best interests of any minor children affected by the decision, the expectations of the Australian community, the strength, nature, and duration of the applicant's ties to Australia, and the extent of impediments to his removal from Australia. The Tribunal also considered whether any international non-refoulement obligations were owed to the applicant.

The Tribunal found that while the applicant had strong ties to Australia, having lived there for most of his life and having Australian citizen family members including elderly parents, siblings, a wife, children, and grandchildren, these factors were outweighed by other considerations. The applicant's history of drug use and addiction, leading to a substantial criminal record and a failed attempt at rehabilitation through the Drug Court Program, indicated a risk to the Australian community. Although the applicant had a positive relationship with his older grandchild, the Tribunal noted that this child was not solely reliant on the applicant and lived in a stable family environment. The Tribunal also found no evidence of international non-refoulement obligations.

Ultimately, the Tribunal determined that the protection of the Australian community weighed against revoking the cancellation decision, given the seriousness of the applicant's past criminal offences and the potential risk of reoffending. The Tribunal also placed minimal weight on the best interests of the minor children, as they were not solely reliant on the applicant. Consequently, the Tribunal decided not to revoke the mandatory cancellation of the applicant's visa.