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

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs not to revoke the mandatory cancellation of the applicant's visa. The applicant, a 63-year-old man who arrived in Australia at age 11, had his visa cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to having a substantial criminal record and serving a custodial sentence. The Administrative Appeals Tribunal was required to determine whether it was satisfied that the applicant passed the character test, and if not, whether there was another reason to revoke the cancellation decision.

The Tribunal was tasked with considering various factors, including Direction No 90, which guides delegates in such decisions. These considerations included the primary consideration of protecting the Australian community, the nature and seriousness of the applicant's criminal offending, the risk to the community should further offences occur, and the expectations of the Australian community. Other considerations included the strength, nature, and duration of the applicant's ties to Australia, and international non-refoulement obligations. The Tribunal also had to assess the extent of impediments the applicant would face if returned to Serbia.

The Tribunal reasoned that the applicant's long history of criminal offending, despite his significant ties to Australia and the impediments he might face upon return to Serbia, did not outweigh the paramount consideration of protecting the Australian community. The Tribunal found that the risk posed by the applicant to the community was substantial, and that the seriousness of his offending was a significant factor. The Tribunal concluded that the correct and preferable decision was to affirm the delegate's decision not to revoke the visa cancellation.