Liyanage and Minister for Home Affairs (Migration)

The applicant, Mr Liyanage, sought review of a decision by a delegate of the Minister for Home Affairs not to revoke the mandatory cancellation of his visa. The dispute arose from the applicant's substantial criminal record, which triggered the mandatory cancellation under section 501(3A) of the *Migration Act 1958* (Cth). The applicant had accumulated a significant number of offences over 17 years, including serious criminal conduct and breaches of court orders, leading to custodial sentences. The delegate's decision not to revoke the cancellation was affirmed by the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant passed the character test as defined by section 501(6) of the *Migration Act*, and if not, whether there was another reason to revoke the cancellation decision under section 501CA(4) of the Act. The Tribunal had jurisdiction to review the delegate's decision as the application was lodged within the prescribed timeframe after the applicant received the decision while in immigration detention.

In reaching its decision, the Tribunal considered the applicant's extensive criminal history, which included convictions for offences such as "attempted to pervert justice" and various violent and property-related crimes, resulting in multiple custodial sentences. The Tribunal noted that by the time of the review, the applicant had been convicted of approximately 138 offences. The delegate's decision was based on the applicant failing to pass the character test due to his substantial criminal record, as defined by section 501(7)(c) of the Act, which includes being sentenced to a term of imprisonment of 12 months or more. The Tribunal affirmed the delegate's decision not to revoke the cancellation, implicitly finding that the applicant did not pass the character test and that no other compelling reasons existed to revoke the cancellation.