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

This matter concerned an appeal against the mandatory cancellation of the applicant's visa. The applicant, who arrived in Australia at a very young age and was not an Australian citizen, had a long and serious history of criminal offending, including driving, property, violent, and drug offences. The Minister for Immigration, Citizenship and Multicultural Affairs had cancelled the applicant's visa under section 501(3A) of the *Migration Act 1958* (Cth) for failing to pass the character test. The applicant sought to have the visa cancellation revoked, arguing there was "another reason" to do so.

The court was required to determine whether there was another reason to revoke the mandatory visa cancellation, considering the principles outlined in Direction No. 110. This involved weighing various factors, including the protection of the Australian community, the best interests of minor children, community expectations, the strength, nature, and duration of the applicant's ties to Australia, and the extent of impediments he might face if removed from Australia. The court also had to consider the nature and seriousness of the applicant's conduct and the risk he posed to the Australian community.

In its reasoning, the court acknowledged the applicant's belief that he was an Australian citizen and the significant shock the prospect of deportation would cause. However, it affirmed that the applicant was a non-citizen subject to deportation. The court found that while the applicant's long ties to Australia and the potential difficulties he would face upon removal weighed in favour of revocation, the paramount consideration was the protection of the Australian community. The applicant's criminal history, which included violent offences and a pattern of escalating seriousness over more than 30 years, presented a clear and serious risk to the community. Despite the applicant's extensive history in Australia, the court concluded that affirming the visa cancellation was necessary to protect the Australian community from risks of serious harm, as this was the government's highest priority.