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

This matter concerned an application for review of a decision to refuse to revoke the mandatory cancellation of the Applicant's visa under section 501(3A) of the *Migration Act 1958* (Cth). The Applicant had failed to pass the character test due to having a substantial criminal record, specifically being sentenced to a term of imprisonment of 12 months or more. The central dispute was whether there was "another reason" why the cancellation decision should be revoked.

The court was required to determine whether the Applicant passed the character test, and if not, whether there existed any other reason to revoke the visa cancellation. In assessing the latter, the court had to apply Direction No. 79, which provides guidance on considering primary and other considerations relevant to the individual case, including the protection of the Australian community from criminal or other serious conduct.

The court found that the Applicant did not pass the character test as he had a substantial criminal record, having been sentenced to imprisonment for 12 months. In considering whether there was another reason to revoke the cancellation, the court applied Direction No. 79, focusing on the primary consideration of protecting the Australian community. The court noted the Applicant's extensive criminal history, which included over 200 offences in Australia, numerous violent offences such as robbery, affray, making threats to kill, multiple assaults, and persistent breaches of family violence orders. The Applicant also had convictions for weapons and drug offences, as well as property and dishonesty offences. The court concluded that, given the nature and seriousness of the Applicant's conduct, there was no other reason why the cancellation decision should be revoked.

Consequently, the Tribunal affirmed the decision under review, meaning the mandatory cancellation of the Applicant's visa remained in effect.