GCRM and Minister for Home Affairs (Migration)

This matter concerned an application for review of the mandatory cancellation of the Applicant's visa. The Applicant, a citizen of South Sudan who arrived in Australia in 2014, had his visa mandatorily cancelled under s 501(3A) of the *Migration Act 1988* due to having a substantial criminal record. This cancellation was based on his conviction and sentence for burglary and committing an offence in a dwelling house, for which he received a two-year imprisonment sentence. The Applicant appeared unrepresented before the Tribunal, while the Respondent was represented by legal counsel.

The primary legal issue before the Tribunal was whether to exercise the discretion to revoke the mandatory cancellation of the Applicant's visa. This required the Tribunal to consider the "primary considerations" and "other considerations" as outlined in the relevant Direction, specifically focusing on the protection of the Australian community. The Tribunal was tasked with assessing the nature and seriousness of the Applicant's conduct to date and the risk to the Australian community should he commit further offences.

In its reasoning, the Tribunal applied the principles set out in the Direction concerning the protection of the Australian community, emphasising that remaining in Australia is a privilege for non-citizens who are law-abiding. The Tribunal considered the nature and seriousness of the Applicant's offending, noting factors such as the frequency of his offences, the cumulative effect of repeated offending, and the fact that a serious offence was committed while he was in immigration detention. The Tribunal found that the Applicant's criminal conduct was serious and posed a risk to the community.

Consequently, the Tribunal determined that it would not exercise its discretion to revoke the mandatory cancellation of the Applicant's visa. The decision under review was affirmed.