Ibrahim and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application for review by the Applicant of the delegate of the Minister's decision not to revoke the mandatory cancellation of his visa. The Applicant's visa was cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to having a substantial criminal record and serving a full-time custodial sentence for an offence. The Applicant subsequently requested revocation of this cancellation, which was refused by the delegate. The Administrative Appeals 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 decision.

The Tribunal was tasked with considering various factors as outlined in Direction No 90, including the protection of the Australian community, the nature and seriousness of the Applicant's criminal offending, the risk to the community should further offending occur, the best interests of the Applicant's minor children in Australia, community expectations, and the strength, nature, and duration of the Applicant's ties to Australia. The Applicant, who arrived in Australia at age 23 and had resided there for approximately 15 years, had two sons born in Australia. His criminal history included convictions for criminal damage by fire, disorderly behaviour in public, and obstructing public officers, following a family violence matter.

In its reasoning, the Tribunal affirmed the delegate's decision not to revoke the visa cancellation. The Tribunal considered the Applicant's criminal conduct, including the serious offence of criminal damage by fire for which he received a custodial sentence, and the offences of disorderly behaviour and obstruction of police officers. It weighed these against factors such as the Applicant's ties to Australia, including his children, and the potential impediments to his return to Lebanon. Ultimately, the Tribunal concluded that the correct and preferable decision was to affirm the Non-Revocation Decision, finding that the Applicant did not pass the character test and that there was no other compelling reason to revoke the visa cancellation.