Munyard and Minister for Immigration and Border Protection (Migration)

This matter concerned the mandatory cancellation of the Applicant's visa under section 501(3A) of the *Migration Act 1958* (Cth) and the subsequent refusal to revoke that cancellation. The Applicant, a New Zealand citizen who had resided in Australia since childhood, had a lengthy and escalating criminal history, including over 50 offences and multiple terms of imprisonment, the most serious being a three-year sentence for robbery and entering a dwelling with intent. The decision under review was made by a delegate of the Minister for Immigration and Border Protection.

The Tribunal was required to determine whether the discretion to revoke the mandatory visa cancellation, as provided by section 501CA of the Act, should be exercised in the Applicant's favour. This involved weighing various considerations, including the protection of the Australian community from criminal or other serious conduct, the Applicant's ties to Australia, and the impediments to his removal.

In reaching its decision, the Tribunal applied the principles outlined in the relevant Direction, particularly concerning Primary Consideration A: the protection of the Australian community. The Tribunal found the Applicant's criminal conduct to be very serious, noting its escalating severity and his clear disregard for Australian laws. It concluded that there was a genuine risk of repetition of such conduct, which would likely be unacceptable to the Australian community. While acknowledging that the strength, nature, and duration of the Applicant's ties to Australia weighed slightly in favour of revocation, the Tribunal found that the extent of impediments to his removal weighed against it. On balance, the Tribunal determined that Primary Consideration A weighed strongly against revocation, and other relevant considerations also weighed against it.

Consequently, the Tribunal concluded that the mandatory cancellation of the Applicant's visa should not be revoked. The decision under review was affirmed.