MBPQ and Minister for Home Affairs (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to affirm the mandatory cancellation of the applicant's visa. The applicant, a 67-year-old United Kingdom citizen who had resided in Australia since he was 13 years old, had his visa mandatorily cancelled under section 501(3A) of the *Migration Act 1986* due to having a substantial criminal record, specifically a conviction for incest involving a child. The applicant sought to have this cancellation revoked.

The Tribunal was required to determine whether the discretion to revoke the mandatory visa cancellation should be exercised. This involved considering the primary considerations, including the protection of the Australian community, and other considerations, such as the strength, nature, and duration of the applicant's ties to Australia. The Tribunal also had to assess the seriousness of the applicant's offending conduct and the risk of future harm to the community.

In its reasoning, the Tribunal applied the principles outlined in the relevant Direction, which mandates that violent and sexual crimes, particularly those against children, are viewed very seriously. The Tribunal acknowledged the applicant's long period of residence in Australia, his family ties, and his lack of prior criminal history. However, it gave significant weight to the nature of the offence, which involved a sexual act against his eight-year-old granddaughter, and the principle that the government is committed to protecting the Australian community from harm. The Tribunal found that the seriousness of the offending conduct outweighed the applicant's ties to Australia and the mitigating factors presented.

Consequently, the Tribunal decided not to exercise its discretion to revoke the mandatory cancellation of the applicant's visa, affirming the delegate's decision.