Dang and Minister for Home Affairs (Migration)

This matter concerned an application by the Applicant for the revocation of the mandatory cancellation of his visa. The Applicant accepted that he failed the character test due to multiple terms of imprisonment exceeding 12 months, primarily for drug-related offences, including the cultivation of commercial quantities of cannabis. The central issue before the Tribunal was whether there was any other reason to revoke the mandatory cancellation, pursuant to section 501CA(4)(b)(ii) of the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the Applicant presented an unacceptable risk of reoffending and whether the revocation of the visa cancellation was in the best interests of minor children in Australia, and what the expectations of the Australian community were. In assessing the risk of reoffending, the Tribunal considered the nature and seriousness of the Applicant's past conduct, including the scale and sophistication of his cannabis cultivation operations, and whether he had re-offended after being warned about the consequences for his migration status. The Tribunal also considered the impact of the Applicant's conduct on his nephews, who were minors in Australia, and the nature of his relationship with them.

The Tribunal reasoned that the Applicant's history of drug offending, including large-scale commercial cultivation and dishonesty in relation to excise tax, indicated a significant risk of future offending. Despite evidence of a father-figure role in the lives of his nephews, the Tribunal found that less weight should be given to this non-parental relationship. Ultimately, the Tribunal concluded that there was a reasonable prospect of the Applicant reoffending, which weighed against revocation. The Tribunal also considered that the Australian community would expect non-revocation in such circumstances.

The Tribunal affirmed the mandatory cancellation of the Applicant's visa, finding that there was no other reason to revoke it.