GZWR and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for review of a delegate's decision to refuse to revoke the cancellation of the applicant's Class XB Subclass 200 visa. The applicant, GZWR, had his visa cancelled pursuant to section 501(3A) of the *Migration Act 1958* (Cth) on the grounds that he did not pass the character test due to having a substantial criminal record. The applicant subsequently made representations seeking revocation of this cancellation, which were refused by the delegate. The Administrative Appeals Tribunal had jurisdiction to review this refusal.

The Tribunal was required to determine whether the delegate’s decision not to revoke the visa cancellation was correct. This involved considering whether the applicant passed the character test, which turned on whether he had a substantial criminal record. A substantial criminal record is defined by section 501(7)(c) of the Act as having been sentenced to a term of imprisonment of 12 months or more. The Tribunal also had to consider the primary considerations outlined in the Ministerial Direction, specifically the protection of the Australian community from criminal or other serious conduct, and other considerations relevant to the applicant's circumstances.

The Tribunal found that the applicant did indeed have a substantial criminal record, having received multiple sentences of imprisonment for 12 months or more, including for driving under the influence of alcohol. In assessing the protection of the Australian community, the Tribunal noted the applicant's extensive criminal history, which included numerous violent offences, driving under the influence, dishonesty, and breaches of court orders. The Tribunal considered the nature and seriousness of the applicant's conduct and the risk to the community should he reoffend. The Tribunal affirmed the delegate's decision.