DPGF and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application by DPGF for the revocation of a mandatory visa cancellation decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The visa had been cancelled under section 501(3A) of the *Migration Act 1958* (Cth) because the applicant did not pass the character test, specifically due to having a substantial criminal record under section 501(7). The Administrative Appeals Tribunal (AAT) was required to determine whether the discretion under section 501CA to revoke the mandatory cancellation should be exercised.

The Tribunal was tasked with considering various factors outlined in Direction No 79, including the risk of re-offending, the protection and expectations of the Australian community, the impact on minor children, non-refoulement obligations, and the strength and duration of the applicant's ties to Australia. The Tribunal had previously found a jurisdictional error in its first decision and the matter had been remitted back from the Federal Court of Australia.

In its reasoning, the Tribunal considered the applicant's background, including his arrival in Australia as a child refugee, his schooling, and his subsequent involvement in the criminal justice system, including periods in state care and juvenile detention. The Tribunal also examined evidence of rehabilitation efforts, such as completed courses in anger management and drug awareness, and noted the applicant's continued contact and financial support for his daughters. However, the Tribunal also had regard to incidents of aggressive behaviour while in immigration detention. The Tribunal ultimately found that the applicant did not satisfy the character test, and therefore, section 501CA(4)(b)(i) could not be invoked to revoke the mandatory cancellation. The Tribunal then proceeded to consider whether there was "another reason" under section 501CA(4)(b)(ii) to revoke the decision, applying the primary considerations of protection of the Australian community and the risk of further offending, as well as other relevant considerations.

The Tribunal concluded that the mandatory visa cancellation decision should be affirmed.