Chen and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by Mr. Chen for the revocation of a mandatory visa cancellation made by the Minister for Immigration and Border Protection on character grounds. The applicant sought to have the cancellation revoked, but the delegate of the Minister decided not to revoke it. The case was heard by Mrs. J C Kelly, Senior Member, of the Migration Review Tribunal.

The primary legal issue before the Tribunal was whether the discretion conferred by section 501CA(4) of the *Migration Act 1958* should be exercised to revoke the mandatory cancellation of the applicant's visa. This required the Tribunal to consider various factors, including the protection of the Australian community, the expectations of the Australian community regarding the conduct of non-citizens, and the strength, nature, and duration of the applicant's ties to Australia. The Tribunal also had to weigh these considerations against any factors favouring the revocation of the visa cancellation.

In reaching its decision, the Tribunal found that the applicant, having been convicted of offences and serving a prison term of more than 12 months, had failed to meet the expectation of the Australian community that non-citizens obey Australian laws. The Tribunal was not satisfied that the applicant had established strong ties with any Australian citizen or permanent resident, noting that his relationships with his brother and former employer were primarily business or transactional rather than close personal or social connections. Despite the applicant's 19 years of residence in Australia and his employment history, the Tribunal concluded that the considerations favouring the non-revocation of the visa cancellation strongly outweighed those favouring revocation.

Consequently, the Tribunal affirmed the decision made by the delegate of the Minister for Immigration and Border Protection on 29 February 2016 not to revoke the mandatory cancellation of the applicant's visa.