Petelo and Minister for Immigration and Border Protection (Migration)

This matter concerned an appeal by Mr Petelo against the Minister for Immigration and Border Protection's decision to affirm the mandatory cancellation of his visa. The visa was cancelled under section 501(3A) of the *Migration Act 1958* (Cth) because Mr Petelo had been sentenced to a term of imprisonment of 12 months or more, thus failing the character test. Mr Petelo sought revocation of the cancellation, arguing he was reformed and no longer a threat to the Australian community, citing his strong ties to the country, including his children.

The Tribunal was required to determine whether there was another reason why the visa cancellation decision should be revoked, considering the primary consideration of protecting the Australian community from harm and other relevant factors. This involved assessing the nature and seriousness of Mr Petelo's conduct, the frequency and trend of his offending, and the risk he posed to the community. The Tribunal also had to weigh these considerations against Mr Petelo's personal circumstances, including his attempts at rehabilitation and his ties to Australia.

The Tribunal reasoned that Mr Petelo's history demonstrated a pattern of disregard for Australian law, evidenced by 25 offences over a 10-year period, culminating in a custodial sentence of 45 months with a non-parole period of 24 months for discharging a firearm with intent to inflict grievous bodily harm. While acknowledging his attempts to seek assistance in prison, the Tribunal found these efforts to be haphazard and insufficient to demonstrate a genuine commitment to rehabilitation. The Tribunal concluded that Mr Petelo continued to represent an unacceptable risk of harm to the Australian community, and this risk outweighed any other considerations, including his personal circumstances and the interests of his children.

Consequently, the Tribunal affirmed the decision not to revoke the visa cancellation.