Craig and Minister for Immigration, Citizenship, Migrant Services 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 Special Category (Class TY) visa. The Applicant, a New Zealand citizen who arrived in Australia at the age of three, had his visa mandatorily cancelled under s 501(3A) of the *Migration Act 1958* (Cth) due to having a substantial criminal record. This cancellation was based on his conviction for possession of methylamphetamine with intent to sell or supply, for which he received a sentence of imprisonment exceeding 12 months, along with other related offences. The Applicant sought revocation of this cancellation decision.

The Administrative Appeals Tribunal was required to determine whether the Applicant passed the character test as defined by s 501 of the *Migration Act*, or alternatively, whether there was "another reason" why the mandatory cancellation decision should be revoked. The Applicant's criminal history was extensive, comprising approximately 70 offences since 2004, including violent, property, prohibited substance, and numerous traffic offences, with several prior terms of imprisonment.

In its reasoning, the Tribunal considered the primary and other considerations outlined in Direction No. 79, including the protection of the Australian community, the nature and seriousness of the Applicant's offending, the risk to the community, the best interests of his minor children, community expectations, the strength and duration of his ties to Australia, the impact on victims, and impediments to removal to New Zealand. The Tribunal was not satisfied that the Applicant passed the character test, nor was it satisfied that there was another reason to revoke the mandatory cancellation decision. Consequently, the Tribunal affirmed the delegate's decision.