KFZT and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for review of a delegate's decision not to revoke the mandatory cancellation of the applicant's, KZFT, visa. KZFT, a New Zealand citizen who arrived in Australia at the age of two, had his visa cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to a substantial criminal record. He subsequently sought revocation of this cancellation, but the delegate was not satisfied that KZFT passed the character test or that there was another reason to revoke the cancellation. The applicant was legally represented and appeared in person before the Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" why the mandatory cancellation of KZFT's visa should be revoked, pursuant to section 501CA(4)(b)(ii) of the *Migration Act*. This required the Tribunal to consider the discretion to revoke the cancellation, applying Direction No. 65, which outlines the considerations for visa refusal, cancellation, and revocation. The Tribunal acknowledged that KZFT did not pass the character test due to his substantial criminal record, which included convictions for drug trafficking for which he received a four-year prison sentence.

The Tribunal considered various factors presented by KZFT, including his close relationship with his Australian children, his long residence in Australia, his family ties, and his efforts towards rehabilitation and future employment. However, after weighing these considerations against the primary consideration of protecting the Australian community, the Tribunal determined that the factors did not sufficiently outweigh the need for visa cancellation. The Tribunal concluded that the correct and preferable decision was to exercise the discretion not to revoke the cancellation of KZFT's visa.

Consequently, the Tribunal affirmed the delegate's decision.