Hoang and Minister for Immigration, Citizenship, Migrant Services 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's visa was initially cancelled under s 501(3A) of the *Migration Act 1958* (Cth) due to having a substantial criminal record and serving a full-time custodial sentence for a relevant offence. The Applicant subsequently requested revocation of this decision, which was refused by the delegate, leading to the present review before the Tribunal.

The Tribunal was required to determine two primary issues: first, whether the Applicant passed the character test as defined by s 501(6) of the *Migration Act*; and second, if the Applicant did not pass the character test, whether there was another reason to revoke the visa cancellation decision under s 501CA(4) of the *Migration Act*. The hearing involved oral evidence from the Applicant, who was cross-examined, and from witnesses including a clinical and forensic psychologist, the Applicant's wife, and his wife's cousin. Various documents, including witness statements, a psychological report, and departmental documents, were admitted into evidence.

The Tribunal considered the Applicant's criminal conduct, which involved cannabis cultivation and possession, leading to him being declared a drug trafficker. In assessing whether there was another reason to revoke the cancellation, the Tribunal weighed considerations such as the protection of the Australian community, the nature and seriousness of the Applicant's conduct, the risk posed to the community, the best interests of his two minor children, community expectations, the extent of impediments to removal to Vietnam, and the strength and duration of his ties to Australia. The Applicant, a 27-year-old man who arrived in Australia at age 16, presented evidence regarding his rehabilitation and community ties.

The Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of the Applicant's visa.