HQTQ and Minister for Home Affairs (Migration)

This matter concerned an application by HQTQ (the Applicant) to review a decision by the Minister for Home Affairs (the Respondent) to refuse to revoke the mandatory cancellation of the Applicant's visa under s 501(3A) of the *Migration Act 1958* (Cth). The Applicant had failed to pass the character test due to a substantial criminal record, specifically a conviction for indecent treatment of children under 16, for which he was sentenced to 18 months imprisonment, suspended after serving six months. The Applicant contended that there was another reason why the cancellation decision should be revoked.

The Tribunal was required to determine whether the Applicant passed the character test, and if not, whether there was another reason to revoke the visa cancellation. In making this determination, the Tribunal was bound to consider the principles outlined in Direction No. 79, particularly the primary consideration of protecting the Australian community from criminal or other serious conduct. This involved assessing the nature and seriousness of the Applicant's conduct, including the gravity of the offences, the risk of reoffending, and the cumulative effect of any offending.

The Tribunal considered the Applicant's offending history, noting the seriousness of the convictions for indecent treatment of children. It also had regard to the Applicant's assertion of innocence and the character references provided. However, the Tribunal found that the nature and seriousness of the Applicant's conduct, particularly the violent and sexual nature of the offences against a child, weighed heavily against revocation. The Tribunal concluded that the protection of the Australian community was paramount and that the Applicant had not demonstrated another reason to revoke the cancellation decision.

Consequently, the Tribunal affirmed the Minister's delegate's decision to refuse to revoke the visa cancellation. The decision under review was therefore upheld.