LZTW and Minister for Home Affairs (Migration)

This matter concerned an application for review of a decision to affirm the mandatory cancellation of the applicant's visa under section 501(3A) of the *Migration Act 1958* (Cth). The applicant, LZTW, sought revocation of this cancellation under section 501CA of the Act. The decision-maker was required to consider the relevant considerations outlined in Ministerial Direction No. 79.

The primary legal issue before the court was how the decision-maker was to apply the considerations set out in Direction 79, particularly in relation to the protection of the Australian community, the nature and seriousness of the applicant's conduct, the risk of future harm, and the best interests of any minor children. The court was also required to consider the weight to be given to primary considerations versus other considerations, and how to assess factors such as the strength of ties to Australia and impediments to removal.

The court's reasoning focused on the framework provided by Direction 79, which mandates that decision-makers must take into account primary and other considerations relevant to the individual case. It emphasised that primary considerations, such as the protection of the Australian community, should generally be given greater weight than other considerations. The court noted that the nature and seriousness of conduct are assessed by reference to factors including the type of offence (violent and sexual crimes, crimes against vulnerable persons, or government officials being viewed very seriously), the sentence imposed, the frequency and trend of offending, and whether the non-citizen has re-offended after a warning. The court affirmed that remaining in Australia is a privilege, and the government is committed to protecting the community from harm by non-citizens.