Dharma and Minister for Home Affairs (Migration)

This matter concerned an application for review of a decision by a Ministerial delegate to refuse to revoke the mandatory cancellation of Mr Dharma's Class BF transitional (permanent) visa. The cancellation had been made pursuant to section 501(3A) of the *Migration Act 1958* (Cth) due to Mr Dharma failing to pass the character test, specifically by reason of his substantial criminal record. The delegate's refusal to revoke the cancellation was made on 8 May 2018.

The Tribunal was required to determine whether the mandatory cancellation of Mr Dharma's visa should be revoked. This involved considering the provisions of section 501CA of the *Migration Act 1958* (Cth), which allows for revocation if the non-citizen passes the character test or if there is another reason why the cancellation decision should be revoked. The exercise of this discretion was subject to Ministerial Direction No 65, which sets out the considerations to be applied, including the protection of the Australian community from harm, community expectations, the best interests of minor children, the strength, nature and duration of ties to Australia, and the extent of impediments if removed.

The Tribunal reasoned that Mr Dharma's criminal history, which included offences of dishonesty and a breach of suspended sentences and good behaviour bonds, indicated a significant risk of re-offending, particularly in property and dishonesty offences. While his offences had not involved personal injury in recent years, this was qualified by earlier convictions. The Tribunal found that his long-standing substance abuse issues, despite repeated opportunities for rehabilitation, contributed to this risk and meant it could not be confidently confined to less serious offences. Consequently, the primary consideration of protecting the Australian community weighed in favour of maintaining the visa cancellation.