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

This matter concerned an application by Mr Kevin Dearing for a review of the delegate's decision not to revoke the mandatory cancellation of his visa. Mr Dearing's visa had been cancelled under section 501 of the *Migration Act 1958* (Cth) due to certain criminal offences. The review was heard de novo by N A Manetta SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the cancellation of Mr Dearing's visa should be revoked. This required the Tribunal to consider the relevant factors under section 501(2) of the Act, including the protection of the Australian community, the character of the person, and the best interests of minor children, as well as the expectations of the Australian community.

The Tribunal reasoned that while Mr Dearing had a history of offending, much of it was relatively minor and occurred many years ago, with significant periods of no offending. The Tribunal noted that Mr Dearing had arrived in Australia as a child, had been educated and worked here, and was now 55 years old. The Tribunal concluded that the interests of the Australian community and the character of Mr Dearing did not warrant the revocation of his visa. Consequently, the Tribunal set aside the delegate's decision and substituted a decision that the cancellation of Mr Dearing's visa should be revoked.