Holland and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by Mr Holland for the revocation of the mandatory cancellation of his visa. The Minister for Immigration and Border Protection had cancelled Mr Holland's visa under the character provisions of the *Migration Act 1958* (Cth) due to his substantial criminal record, which included offences involving violence. The Administrative Appeals Tribunal (AAT) was required to determine whether to exercise its discretion to revoke the cancellation.

The AAT was tasked with considering various factors outlined in Ministerial Direction No. 65, including the protection of the Australian community, the best interests of minor children, the strength and duration of the applicant's ties to Australia, the seriousness and pattern of his offending, and the impact on victims. The Tribunal had to balance these considerations to decide whether the mandatory cancellation should be revoked.

In its reasoning, the AAT acknowledged Mr Holland's strong familial ties to Australia, having lived there for eleven years and having an Australian citizen child. However, it noted that his offending began soon after his arrival and continued over many years, despite various attempts by the justice system to modify his behaviour. While his family expressed a desire to help him reform, the Tribunal had limited confidence in his rehabilitation given his past actions. The Tribunal also considered his positive employment history as a bricklayer. Regarding his son, the AAT accepted the evidence of Mr Holland's deep affection for him and his commitment to being a positive role model, finding that the best interests of the child weighed in favour of revocation. The Tribunal also noted that one victim of his conduct supported his application for revocation. However, the Tribunal found that the primary consideration of protecting the Australian community weighed against the applicant.

Ultimately, the Tribunal affirmed the reviewable decision, meaning the mandatory cancellation of Mr Holland's visa was not revoked.