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

This matter concerned an application by Mr Khieopan to the Administrative Appeals Tribunal (the Tribunal) to revoke the mandatory cancellation of his Class BB (subclass) 155 Resident Return visa. The cancellation was based on Mr Khieopan having a substantial criminal record, including multiple convictions for drug offences and violent offending, which had resulted in periods of imprisonment. The delegate of the Minister had previously affirmed the decision not to revoke the cancellation.

The Tribunal was required to determine whether there was "another reason" why the mandatory cancellation of Mr Khieopan's visa should be revoked. This involved considering the primary considerations outlined in Direction No. 79, specifically the protection of the Australian community from criminal and other serious conduct, and the risk to the community should Mr Khieopan commit further offences. The Tribunal also had to consider other factors, including Mr Khieopan's ties to Australia, the impact on him if removed, and the expectations of the Australian community.

In its reasoning, the Tribunal noted Mr Khieopan's extensive criminal history, which included serious offences such as aggravated take and detain, supply of prohibited drugs on an ongoing basis, and possession of property suspected of being proceeds of crime. The Tribunal found that Mr Khieopan presented a medium risk of reoffending, despite having completed a rehabilitative course. The Tribunal weighed these factors against other considerations, such as Mr Khieopan's ties to Australia and the limited impediments to his return, and concluded that these did not constitute "another reason" to revoke the visa cancellation.

Ultimately, the Tribunal affirmed the delegate's decision, finding that it was not satisfied that there was another reason to revoke the mandatory cancellation of Mr Khieopan's visa. The decision made by the delegate on 11 September 2020 was therefore affirmed.