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

This matter concerned an application by Mr. Li for review of the Minister for Immigration, Citizenship and Multicultural Affairs' decision not to revoke the mandatory cancellation of his visa. The dispute arose from Mr. Li's failure to pass the character test due to having a substantial criminal record. The review was conducted by Mr. S. Webb, a Member of the Tribunal.

The Tribunal was required to determine whether to revoke the mandatory cancellation of Mr. Li's visa, considering various factors outlined in Ministerial Direction No. 110. These considerations included the protection of the Australian community, the seriousness of Mr. Li's criminal conduct, the financial impact on victims, whether the offences were serial, Mr. Li's admission of guilt and cooperation, his remorse, the loss of his profession, his risk of reoffending, potential financial harm, the strength, nature, and duration of his ties to Australia, the expectations of the Australian community, and the extent of impediments he might face if removed from Australia.

In reaching its decision, the Tribunal applied the principles set out in Ministerial Direction No. 110. It weighed the character concerns arising from Mr. Li's conduct against the factors favouring revocation. The Tribunal noted Mr. Li had resided in Australia since he was 16 years old and had contributed positively to the community as a solicitor. However, it also considered the seriousness of his criminal conduct and the expectations of the Australian community. The Tribunal found that while Mr. Li's ties to Australia were significant, the character concerns weighed against revoking the cancellation, though not heavily. Regarding impediments to return to China, the Tribunal noted Mr. Li had family there and was familiar with Chinese society and culture, suggesting these impediments were not substantial.

Ultimately, the Tribunal set aside the decision not to revoke the cancellation of Mr. Li's visa. This outcome meant that the mandatory cancellation of his visa was revoked, allowing him to remain in Australia.