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

This matter concerned an application for review of a decision to refuse to revoke the mandatory cancellation of the Applicant's visa. The Applicant, a citizen of Portugal, had his visa mandatorily cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to having a substantial criminal record, as defined by section 501(6)(a), and having been sentenced to a term of imprisonment of 12 months. The review was conducted by Mr S Evans, a Member of the Tribunal.

The legal issues before the Tribunal were whether to revoke the mandatory cancellation of the Applicant's visa, considering the Applicant did not pass the character test. This required the Tribunal to assess the primary considerations outlined in Direction 99, specifically the protection of the Australian community from criminal or other serious conduct, and the strength, nature, and duration of the Applicant's ties to Australia. The Tribunal also considered evidence relating to family violence, although it found insufficient evidence to conclude the Applicant had engaged in such conduct.

In its reasoning, the Tribunal noted the Applicant's extensive criminal history, comprising 116 further offences over 24 years, including property, theft, dishonesty, violent, and driving offences. The Tribunal found that the Applicant's offending was serious and that, despite expressing remorse and some insight into his substance abuse, his continued drug use since his arrest undermined claims of significant progress. The Tribunal concluded there was a significant risk of reoffending due to his history of substance abuse and past resistance to rehabilitation. The Tribunal also considered the Applicant's ties to Australia, including his intention to reside with his sister and her husband, who offered him employment. However, the Tribunal found that the primary consideration of protecting the Australian community weighed strongly against revoking the visa cancellation.

The Tribunal affirmed the decision to refuse to revoke the mandatory cancellation of the Applicant's visa.