Kleinberg and Minister for Home Affairs (Migration)

The applicant, Mr Kleinberg, sought revocation of the mandatory cancellation of his visa under s 501CA(4) of the Migration Act 1958 (Cth). The Minister for Home Affairs affirmed the delegate's decision to cancel the visa. The matter came before Deputy President Britten-Jones of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether to revoke the mandatory cancellation of Mr Kleinberg's visa. This involved considering several factors, including the protection of the Australian community, the best interests of Mr Kleinberg's minor children, the expectations of the Australian community, and other relevant considerations such as Mr Kleinberg's ties to Australia and the impediments he might face if removed. The Tribunal also had to assess the nature and seriousness of Mr Kleinberg's criminal conduct, the risk of re-offending, and his rehabilitation efforts.

The Tribunal reasoned that while Mr Kleinberg had strong ties to Australia, including his children who would benefit from his presence, these considerations were outweighed by other factors. The protection of the Australian community was a primary consideration, and the Tribunal found a moderate risk of re-offending due to Mr Kleinberg's failure to undertake recommended rehabilitation. His extensive criminal record, including serious offences resulting in significant terms of imprisonment, demonstrated a disregard for Australian laws and a failure to meet community expectations. The Tribunal noted that despite a positive employment history and his role as a father, his repeated offending, which caused financial loss to victims and involved breaches of trust, weighed heavily against revocation.

The Tribunal concluded that the mandatory cancellation of Mr Kleinberg's visa should not be revoked. The decision affirmed the delegate's decision to cancel the visa.