Leone and Minister for Home Affairs (Migration)

This matter concerned an application for review of a mandatory visa cancellation decision made under section 501(3A)(b) of the Migration Act 1958 (Cth). The applicant, who had been a permanent resident of Australia since 1973, had his visa mandatorily cancelled following a conviction in the County Court of Victoria for trafficking heroin, cocaine, and amphetamines in commercial quantities, for which he received a sentence of imprisonment of 6 years and 3 months. The applicant conceded that he did not pass the character test as defined in section 501 of the Act.

The sole legal issue before the Tribunal was whether there was "another reason" why the mandatory cancellation of the applicant's visa should be revoked, pursuant to section 501CA(4)(b)(ii) of the Act. This required the Tribunal to consider the relevant Ministerial Direction No. 65, which outlines the considerations for exercising the discretion to revoke a mandatory cancellation. The primary considerations under the Direction included the protection of the Australian community from criminal or other serious conduct, the best interests of the child, and the expectations of the Australian community.

The Tribunal considered the applicant's extensive criminal history, which commenced in 1975 and included multiple drug trafficking offences, culminating in the serious conviction that triggered the mandatory cancellation. While acknowledging the applicant's ties to Australia, including his long residence and family, the Tribunal found that these factors were outweighed by the paramount consideration of protecting the Australian community. The Tribunal noted that the applicant's drug trafficking offences were of significant seriousness and demonstrated a disrespect for Australian law. Ultimately, the Tribunal was not satisfied that there was another reason why the cancellation should be revoked.

The Tribunal affirmed the decision under review, meaning the mandatory cancellation of the applicant's visa was upheld.