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

This matter concerned an application for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the Applicant's visa. The Applicant, a 61-year-old United Kingdom citizen who arrived in Australia at age 18, had a substantial criminal record, including offences related to prohibited drugs, dishonesty, and multiple driving and traffic matters. The review was heard by M Evans-Bonner SM in the General Division of the Administrative Appeals Tribunal.

The Tribunal was required to determine two issues: first, whether the Applicant passed the character test as defined by section 501(6) of the *Migration Act 1958* (Cth); and second, if she did not pass the character test, whether there was another reason why the visa cancellation decision should be revoked under section 501CA(4) of the Act. In considering the revocation, the Tribunal was guided by Direction No 99, which outlines primary and other considerations, including the protection of the Australian community, the nature and seriousness of the conduct, the risk to the community, the strength, nature and duration of ties to Australia, the best interests of minor grandchildren, community expectations, and the legal consequences of removal.

The Tribunal found that the Applicant did not pass the character test due to her substantial criminal record. However, in considering whether there was another reason to revoke the cancellation, the Tribunal gave significant weight to the Applicant's strong ties to Australia, particularly her role as a caregiver for her two minor grandchildren, who were Australian citizens. Evidence from her son indicated that the family would be devastated by her removal and that she was needed to help care for his children. The Tribunal also considered the Applicant's length of residence in Australia since her formative years.

The Tribunal set aside the delegate's decision and substituted it with a decision to revoke the mandatory cancellation of the Applicant's visa.