Deng Mabior and Minister for Immigration and Border Protection (Migration)

This matter concerned an appeal by Mr Deng Mabior against a decision by the Minister for Immigration and Border Protection to cancel his visa. The Minister's decision was made under section 501(3A) of the *Migration Act 1958* (Cth), which mandates visa cancellation where a person has a substantial criminal record and is serving a full-time prison sentence. Mr Mabior did not dispute his criminal convictions or that he failed the character test. The core of the dispute revolved around whether there was "another reason" under section 501CA(4) of the Act why the original cancellation decision should be revoked, following Mr Mabior's representations. The Administrative Appeals Tribunal considered the appeal.

The Tribunal was required to determine whether to revoke the mandatory visa cancellation. This involved assessing whether Mr Mabior presented "another reason" why the cancellation decision should be revoked, as contemplated by section 501CA(4)(b)(ii) of the Act. In making this determination, the Tribunal was obliged to consider the primary considerations outlined in Part C of the relevant Direction, including the protection of the Australian community from criminal or other serious conduct, the best interests of minor children in Australia, and the expectations of the Australian community. Other relevant considerations, such as the strength of ties to Australia and the impact on victims, were also to be taken into account.

In reaching its decision, the Tribunal applied the principles set out in the Direction, giving appropriate weight to primary considerations over other considerations. It examined the nature and seriousness of Mr Mabior's criminal conduct, which spanned approximately six years and included violent offences, repeated offending, and offences against family violence orders. The Tribunal noted that these offences demonstrated an increasing seriousness over time and involved repeated breaches of court orders. The Tribunal concluded that, despite the presence of factors such as Mr Mabior's family ties in Australia, the protection of the Australian community from serious criminal conduct outweighed these considerations. Consequently, the Tribunal affirmed the decision not to revoke the original visa cancellation.