Manson and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an appeal by an applicant against the mandatory cancellation of her Special Category (Temporary) (Class TY) (Subclass 444) visa under section 501(3A) of the *Migration Act 1958* (Cth), following her failure to pass the character test due to a substantial criminal record. The applicant sought the revocation of this cancellation under section 501CA(4) of the Act. The decision was made by A Poljak SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the discretion to revoke the visa cancellation should be exercised, having regard to Ministerial Direction No. 99. This involved assessing various considerations, including the strength, nature, and duration of the applicant's ties to Australia, the best interests of any minor children affected by the decision, and the expectations of the Australian community.

The Tribunal found that the applicant's ties to Australia, while significant due to her relationships with her fiancé, stepdaughter, and step-grandchild, were not sufficient to outweigh the mandatory cancellation. Although the applicant arrived in Australia at age 21 and had since sought to establish a life through employment and domestic relationships, she spent her formative years in New Zealand. The Tribunal also considered the best interests of the applicant's step-grandchild, acknowledging that the applicant's relationship with the child was limited and that her potential role in the child's future care was uncertain, particularly given the incarceration of the child's mother and grandparents. However, the Tribunal concluded that the applicant's criminal offending did not meet the expectations of the Australian community, which expects non-citizens to obey Australian laws. This consideration weighed heavily against the revocation of the cancellation.

Ultimately, the Tribunal affirmed the decision to refuse to revoke the mandatory cancellation of the applicant's visa.