Hood 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 to cancel the applicant's visa. The cancellation was based on the applicant failing to pass the character test due to a substantial criminal record, including drug and traffic convictions. The applicant sought review of this decision in the Tribunal.

The Tribunal was required to determine two key issues: first, whether the applicant passed the character test as defined by section 501(6) of the Migration Act 1958 (Cth); and second, if the applicant did not pass the character test, whether the Tribunal, exercising the discretion vested in the delegate, should cancel the applicant's visa, having regard to the primary and other considerations outlined in Direction No. 79. The applicant presented extensive evidence and submissions, including testimony from several witnesses, to support her application.

In its reasoning, the Tribunal considered the primary considerations under Direction No. 79, which included the protection of the Australian community, the best interests of minor children, and the expectations of the Australian community. It also considered other relevant factors, such as the strength, nature, and duration of the applicant's ties to Australia, and the extent of impediments she might face if returned to the United Kingdom. After weighing all relevant considerations, the Tribunal concluded that the correct and preferable decision was to exercise the discretion to cancel the applicant's visa.

Consequently, the Tribunal affirmed the delegate's decision to cancel the applicant's visa, meaning the visa remained cancelled.