DMZZ and Minister for Immigration and Border Protection (Migration)

This matter concerned the mandatory cancellation of DMZZ's visa by the Minister for Immigration and Border Protection. The dispute arose because DMZZ did not pass the character test, as defined in section 501(6) of the *Migration Act 1958* (Cth), due to having a substantial criminal record. The court was required to determine whether the discretion to revoke this mandatory cancellation should be exercised in DMZZ's favour.

The legal issues before the Tribunal were twofold: first, whether DMZZ passed the character test, and second, if he did not, whether the discretion under section 501CA(4) of the *Migration Act* should be exercised to revoke the mandatory visa cancellation. This second issue required the Tribunal to consider DMZZ's representations and whether there was "another reason" to revoke the original decision, in accordance with Ministerial Direction No. 65.

The Tribunal found that DMZZ did not pass the character test, as he had been sentenced to 22 months imprisonment for possession of a prohibited drug with intent to sell or supply, constituting a substantial criminal record under section 501(7) of the *Migration Act*. Consequently, his visa was mandatorily cancelled under section 501(3A). In considering whether to revoke the cancellation, the Tribunal was bound by Ministerial Direction No. 65, which outlines primary considerations including the protection of the Australian community, the best interests of minor children, and community expectations. The Tribunal also had to consider other factors such as the strength and duration of ties to Australia and impediments to removal. The decision affirmed the mandatory cancellation of DMZZ's visa.