KMXK and Minister for Home Affairs (Migration)

This matter concerned an application for review of a decision by a Ministerial delegate not to revoke the mandatory cancellation of the applicant's visa. The applicant, a citizen of South Sudan, arrived in Australia at the age of seven on a humanitarian visa and had accumulated over 70 convictions by the age of 17, including offences of violence and dishonesty. His visa was mandatorily cancelled under section 501(3A) of the *Migration Act 1988* after he was sentenced to a term of imprisonment of three years and three months for an adult offence. The Tribunal was asked to determine whether the discretion to revoke this mandatory cancellation should be exercised.

The Tribunal was required to consider the primary considerations outlined in the relevant Direction, specifically the protection of the Australian community. This involved assessing the nature and seriousness of the applicant's conduct to date and the risk to the community should he commit further offences. The Direction stipulated that violent and sexual crimes, crimes against vulnerable members of the community, and the frequency and cumulative effect of repeated offending are to be viewed very seriously. The Tribunal also had to consider other relevant factors, including the applicant's ties to Australia, his rehabilitation prospects, and the best interests of any children involved.

In its reasoning, the Tribunal noted the applicant's extensive and serious criminal history, commencing at a young age and continuing into adulthood, which included offences of violence and dishonesty. The Tribunal found that the applicant's conduct to date was serious, and that there was a risk of further offending. While acknowledging the applicant's limited ties to Australia and the fact that he had spent most of his life in the country, the Tribunal concluded that these factors were outweighed by the need to protect the Australian community. The Tribunal ultimately determined that it would not exercise the discretion to revoke the mandatory cancellation of the applicant's visa. The decision under review was affirmed.