PBWY and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by PBWY to revoke the mandatory cancellation of her visa, which had been initiated by the Minister for Immigration and Border Protection. The dispute arose because PBWY did not pass the character test, as defined by section 501(6) of the Migration Act 1958 (Cth), due to having a substantial criminal record. The case was heard by Deputy President Christopher Kendall of the Administrative Appeals Tribunal.

The Tribunal was required to determine two key issues: first, whether PBWY passed the character test, and second, if she did not, whether the discretion under section 501CA(4) of the Act should be exercised to revoke the mandatory visa cancellation. This second issue involved considering whether there was "another reason" to revoke the cancellation, in accordance with Ministerial Direction No. 65.

The Tribunal found that PBWY did not pass the character test, as it was common ground that she had a substantial criminal record by reason of a sentence of imprisonment exceeding 12 months for Aggravated Armed Robbery. Consequently, her visa was mandatorily cancelled under section 501(3A) of the Act. In considering whether to revoke this cancellation, the Tribunal applied Ministerial Direction No. 65, which mandates consideration of factors such as the protection of the Australian community, the best interests of minor children, community expectations, the strength and duration of ties to Australia, and impediments to removal. The Tribunal affirmed the decision to cancel PBWY's visa.