Le and Minister for Home Affairs (Migration)

This matter concerned an application for review of a delegate's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant, Van Tiep Le, arrived in Australia in 1991 and was subsequently granted a resident return visa. The mandatory cancellation of his visa was triggered under s 501(3A) of the *Migration Act 1958* (Cth) due to his substantial criminal record. The applicant sought to have this cancellation revoked under s 501CA(4) of the Act, a decision which was reviewable by the Tribunal.

The Tribunal was required to determine whether to affirm or revoke the decision not to revoke the mandatory cancellation of the applicant's visa. In doing so, the Tribunal had to consider the factors outlined in Ministerial Direction No. 65, including the protection of the Australian community, the best interests of minor children, the expectations of the Australian community, the nature and seriousness of the criminal offending, the risk of future criminal conduct, the strength and duration of ties to Australia, and any impediments the applicant might face if returned to Vietnam, including potential statelessness and risk of indefinite detention.

The Tribunal reasoned that there remained a moderate to high risk of the applicant reoffending, which weighed strongly against revoking the visa cancellation. While the applicant had adult children and grandchildren in Australia, the Tribunal considered the best interests of these minor grandchildren individually. It noted that the applicant's prior conduct and potential future conduct could negatively impact these children. Ultimately, the Tribunal concluded that the decision not to revoke the cancellation of the applicant's visa should be affirmed.