Canetto and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an Italian citizen, the applicant, whose permanent visa was cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to failing the character test, stemming from a substantial criminal record. The applicant sought review of the delegate's decision not to revoke the visa cancellation. The Administrative Appeals Tribunal was required to determine whether there was another reason why the mandatory visa cancellation should be revoked, applying Ministerial Direction No. 90.

The Tribunal considered various factors, including the best interests of minor children in Australia affected by the decision, which it found to carry significant and strong weight in favour of revoking the cancellation. It also considered the expectations of the Australian community regarding non-citizens obeying Australian laws and the seriousness of certain criminal conduct, such as serious crimes against vulnerable members of the community. The Tribunal weighed the applicant's criminal history and drug use against his efforts at rehabilitation and the impact on his family.

Ultimately, the Tribunal found that the combined detailed evidence and denials of the applicant and his wife outweighed contradicting evidence. The Tribunal concluded that the best interests of the applicant's daughter provided significant and strong weight in favour of revoking the delegate's decision not to revoke the cancellation of the applicant's visa. The Tribunal set aside the delegate's decision and substituted it with a decision to revoke the mandatory cancellation of the applicant's visa.