MCRL and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by MCRL for the revocation of a mandatory visa cancellation. The dispute arose because MCRL did not pass the character test, as defined in section 501(6) of the *Migration Act 1958* (Cth), due to having a substantial criminal record. This was a consequence of his conviction for serious offences, including Aggravated Assault with Intent to Rob and Aggravated Burglary, for which he received multiple sentences of 15 months detention. The case was heard by Deputy President Christopher Kendall.

The primary legal issues before the Tribunal were whether MCRL passed the character test and, if not, whether the discretion under section 501CA(4) of the *Migration Act* should be exercised to revoke the mandatory visa cancellation. This involved considering whether there was "another reason" to revoke the decision, in accordance with Direction No. 65, which provides guidance on the exercise of this discretion.

In reaching its decision, the Tribunal applied the principles outlined in Direction No. 65, which emphasises the government's commitment to protecting the Australian community from harm and maintaining public confidence in the character assessment process. The Tribunal considered factors such as the protection of the Australian community from criminal conduct, the expectations of the Australian community regarding non-citizens who commit serious crimes, and the specific circumstances of MCRL's case, including the nature and duration of his ties to Australia and the impact of removal. The Tribunal affirmed the decision to cancel MCRL's visa.