Nguyen and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to revoke the mandatory cancellation of the Applicant's visa. The Applicant did not pass the character test due to serious drug-related convictions in 2014 and 2021, as well as earlier convictions for obtaining property by deception. The Tribunal was required to determine whether there was "another reason" to revoke the visa cancellation, considering the principles outlined in Direction No. 99.

The legal issues before the Tribunal were whether the protection of the Australian community from criminal conduct, the Applicant's links to the Australian community, and the best interests of minor children in Australia constituted sufficient grounds to revoke the mandatory visa cancellation. The Tribunal was directed to consider the nature and seriousness of the Applicant's conduct, the risk to the community, and the expectations of the Australian community.

The Tribunal reasoned that the Applicant's drug convictions, including the manufacture and supply of commercial quantities of prohibited drugs, were very serious. The fact that the Applicant reoffended after a previous visa cancellation and had provided false or misleading information to the Department by failing to disclose his criminal history further amplified the seriousness of his conduct. While acknowledging the potential impact on the Applicant's children and the offer of employment, the Tribunal found that these considerations were outweighed by the paramount need to protect the Australian community from serious criminal conduct. Consequently, the Tribunal determined that there was no other reason to revoke the mandatory cancellation of the Applicant's visa. The Tribunal affirmed the decision not to revoke the mandatory cancellation.