Li and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an appeal by Mr Li against the mandatory cancellation of his visa. Mr Li, a citizen of the People's Republic of China, had his visa cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to having a substantial criminal record, specifically a conviction for procuring a child for sexual activity for which he received a sentence of imprisonment of one year, eight months, and 28 days. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether Mr Li failed the character test and, if so, whether there was "another reason" why the visa cancellation decision should be revoked under section 501CA(4)(b)(ii) of the Act.

The Tribunal considered the evidence presented, including Mr Li's criminal history, his personal circumstances, and his efforts at rehabilitation. The primary offending involved a sexual offence against a minor, which the Tribunal found to be a serious matter. While Mr Li presented evidence of rehabilitation, including participation in a sexual behaviour program and counselling for gambling addiction, the Tribunal weighed these factors against the seriousness of his offending and the risk of reoffending. The Tribunal noted Mr Li's limited ties to Australia and the nature of his offending, which involved a minor.

In its reasoning, the Tribunal applied the principles established in *Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs* [2021] FCAFC 172, which require a comprehensive, holistic, and integrated view of all relevant considerations. The Tribunal found that while Mr Li had made efforts towards rehabilitation, the factors weighing against revocation, particularly the risk of reoffending and the gravity of the index offence, outweighed those in favour. Consequently, the Tribunal was not satisfied that there was another reason to revoke the mandatory visa cancellation.

The Tribunal affirmed the delegate's decision not to revoke the cancellation of Mr Li's visa.