Deng and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application by Deng (the applicant) to revoke the mandatory cancellation of his visa, which had been cancelled under s 501(3A) of the *Migration Act 1958* (Cth) due to him not passing the character test, specifically by having a substantial criminal record under s 501(7). The decision was made by O'Donovan SM in the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether the power to revoke the mandatory visa cancellation under s 501CA of the *Migration Act* should be exercised. This required the Tribunal to consider whether there was "another reason" why the cancellation decision should be revoked, having regard to the considerations outlined in Direction No. 99, which includes the protection and expectations of the Australian community, the risk of re-offending, family violence, the best interests of minor children, and the strength, nature, and duration of the applicant's ties to Australia, as well as the legal consequences of the decision and any impediments to removal.

The Tribunal reasoned that while the applicant did not pass the character test, the central question was whether there was another reason to revoke the cancellation. The Tribunal applied Direction No. 99, giving greater weight to primary considerations such as the protection of the Australian community and the expectations of the community. The applicant's history of offending, including a high-speed police chase while under the influence of alcohol and driving without a licence, was considered. Despite the applicant's candidness about his offending and evidence of engagement in rehabilitation programs, the Tribunal found that the risk of re-offending and the need to protect the Australian community weighed heavily against revocation. The Tribunal affirmed the decision to cancel the visa.