DKXY and Minister for Home Affairs (Migration)

This matter concerned an application by DKXY for the revocation of a mandatory cancellation of his Resolution of Status (Class CD Subclass 851) visa. The applicant sought revocation on the grounds that he passed the character test, or alternatively, that there was another reason why the original decision should be revoked. The Administrative Appeals Tribunal considered the applicant's submissions and evidence in light of Ministerial Direction No 65, which guides decisions on visa cancellations and revocations.

The primary legal issue before the Tribunal was whether the applicant passed the character test, and if not, whether there were compelling reasons to revoke the cancellation decision. This involved assessing the protection of the Australian community against the applicant's circumstances, including the strength, nature, and duration of his ties to Australia, and any hardship he might face upon removal. The Tribunal was required to consider the applicant's criminal history, specifically two convictions for supplying a prohibited drug, with sentences of imprisonment exceeding 12 months, and other driving offences.

The Tribunal reasoned that the applicant did not pass the character test due to his substantial criminal record, which included two serious drug supply convictions and other offences over a significant period. The Tribunal found the nature and seriousness of the offending, particularly the cumulative effect and the increasing severity of the drug offences, weighed heavily against revocation. While acknowledging the applicant's claims of reform, remorse, and overcoming drug dependence, supported by psychiatric reports, the Tribunal noted that the risks of reoffending were assessed as "probably moderate." The Tribunal concluded that the protection of the Australian community was a paramount consideration and that the applicant's criminal conduct was a serious concern, outweighing other considerations.

The Tribunal affirmed the original decision to cancel the applicant's visa and therefore refused to revoke the cancellation.