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

This matter concerned an application for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant, a 53-year-old citizen of North Macedonia, had his visa cancelled under section 501(3A) of the Migration Act 1958 (Cth) due to having a substantial criminal record and serving a full-time custodial sentence. The reviewable decision before the Tribunal was the delegate's refusal to revoke this cancellation, made on 13 May 2024. The hearing was conducted by Deputy President Burford, with the applicant appearing unrepresented and the Minister represented.

The Tribunal was required to determine whether to revoke the mandatory cancellation of the applicant's visa, considering the primary and other considerations outlined in Direction no. 110. These considerations included the protection of the Australian community, the nature and seriousness of the applicant's criminal offending, the risk to the community should further offences be committed, the strength, nature, and duration of the applicant's ties to Australia, the best interests of any children, community expectations, and the extent of impediments if removed from Australia.

In its reasoning, the Tribunal noted the absence of evidence of family violence. It acknowledged the applicant's lifelong residence in Australia since arriving as a one-year-old, his family ties including sons, their partners, and a grandchild, and his past contributions to the community through work and volunteering. While the Minister conceded these ties and contributions, they contended they did not outweigh the primary considerations weighing against revocation. The Tribunal ultimately affirmed the non-revocation decision.