DVHR 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 56-year-old man who had resided in Australia for 37 years, did not pass the character test due to a substantial criminal record, specifically having been sentenced to a term of imprisonment of 12 months or more. The review was heard by M Evans-Bonner SM in the Perth Registry of the Tribunal.

The primary legal issues before the Tribunal were whether the Applicant passed the character test as defined by section 501(6) of the *Migration Act 1958* (Cth), and if not, whether there was another reason why the visa cancellation decision should be revoked under section 501CA(4) of the Act. The Tribunal was required to consider the factors outlined in Direction No 90, including the protection of the Australian community, the nature and seriousness of the Applicant's conduct, the risk to the community, the best interests of minor step-grandchildren, and the extent of impediments to removal to New Zealand, alongside the strength, nature, and duration of the Applicant's ties to Australia.

The Tribunal found the Applicant to be a credible and honest witness. In its reasoning, the Tribunal considered the Applicant's representations and the evidence presented, including the testimony of his stepdaughter-in-law. The Tribunal ultimately determined that there was another reason why the cancellation decision should be revoked. Consequently, the Tribunal set aside the delegate's decision and substituted it with a decision to revoke the cancellation.