Davis and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application by Mr. Davis for review of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision to affirm the non-revocation of his visa, which had been mandatorily cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to Mr. Davis failing the character test. The review was heard by Mr. S Evans, a Member of the Tribunal.

The primary legal issues before the Tribunal were to consider the mandatory considerations outlined in Ministerial Direction No. 79, specifically the protection of the Australian community from criminal or other serious conduct, and the best interests of minor children. The Tribunal was required to assess the nature and seriousness of Mr. Davis's conduct to date and the risk to the Australian community should he commit further offences.

The Tribunal found that Mr. Davis’s extensive criminal history, commencing at age 15 and continuing over 25 years, demonstrated a persistent disregard for the law. This history included serious offences such as maliciously inflicting grievous bodily harm, which resulted in permanent injury to the victim and mother of his children, as well as numerous theft and break and enter offences. The Tribunal noted that Mr. Davis had been sentenced to terms of imprisonment on multiple occasions, indicating the objective seriousness of his offending. Furthermore, his continued offending despite warnings and previous visa cancellation and revocation demonstrated a concerning pattern of behaviour. The Tribunal concluded that Mr. Davis’s conduct was to be viewed very seriously, and that the risk to the Australian community was significant.