Misa and Minister for Home Affairs (Migration)

This matter concerned an application for review of a decision to cancel the applicant's visa. The applicant had a substantial criminal record, including multiple convictions for violent offences, specifically domestic violence, and offences involving stalking and intimidation. The Minister for Home Affairs had cancelled the applicant's visa under the character provisions of the *Migration Act 1958* (Cth), finding that the applicant did not pass the character test due to their criminal conduct. The Administrative Appeals Tribunal was required to consider whether to affirm or set aside this decision.

The Tribunal was tasked with determining the weight to be given to the primary considerations outlined in Direction 65, which are the protection of the Australian community from criminal or other serious conduct, the best interests of minor children in Australia, and the expectations of the Australian community. Specifically, the Tribunal had to assess the nature and seriousness of the applicant's past conduct and the risk of future offending, as well as the impact of the cancellation decision on any minor children in Australia.

In its reasoning, the Tribunal emphasised that remaining in Australia is a privilege for non-citizens, contingent on law-abiding behaviour and respect for Australian institutions. The Tribunal found the applicant's criminal offending to be of a very serious nature, noting that the most recent offences involved violence, domestic violence against vulnerable victims, and occurred in the presence of children. While acknowledging that the best interests of minor children weighed against cancellation, the Tribunal concluded that the protection of the Australian community, given the seriousness and nature of the applicant's criminal history, outweighed all other considerations.

Accordingly, the Tribunal affirmed the decision to cancel the applicant's visa.