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

This matter concerned the mandatory cancellation of the applicant's visa under section 501(3A) of the *Migration Act 1958* (Cth). The applicant, a citizen of the United Kingdom who had resided in Australia since childhood, had his visa cancelled due to a substantial criminal record, specifically convictions for sexual offences involving a child, for which he received a sentence of imprisonment of 4 years and 10 months. The case came before the Tribunal for a review of this cancellation decision, with the applicant seeking revocation under section 501CA(4) of the Act.

The Tribunal was required to determine two primary issues: firstly, whether the applicant passed the character test as defined by the Act, and secondly, if he did not pass the character test, whether there was "another reason" to revoke the mandatory visa cancellation decision. In considering the latter issue, the Tribunal was bound to apply Direction No. 110, which outlines the considerations to be taken into account when making such a decision, including primary considerations such as the protection of the Australian community, family violence, ties to Australia, the best interests of minor children, and the expectations of the Australian community.

The Tribunal found that the applicant did not pass the character test due to his substantial criminal record, a fact conceded by the applicant. In assessing whether there was "another reason" to revoke the cancellation, the Tribunal considered the evidence presented, including numerous witness statements from the applicant's family members, and applied the principles of Direction 110. Despite the applicant's significant ties to Australia and the support from his family, the Tribunal gave greater weight to the primary consideration of protecting the Australian community from serious criminal conduct. The nature of the applicant's offending, involving sexual crimes against children, was deemed to be of such gravity that it outweighed other considerations. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.