Pinder and Minister for Home Affairs (Migration)

This matter concerned an application by the Applicant for review of a delegate's decision not to revoke the mandatory cancellation of his visa under section 501CA(4) of the *Migration Act 1958* (Cth). The Administrative Appeals Tribunal (Tribunal) had jurisdiction to review the decision. The central issue before the Tribunal was whether there was another reason why the visa cancellation decision should be revoked, given that the Applicant did not pass the character test.

The Tribunal was required to determine if the Applicant passed the character test and, if not, whether there was another reason to revoke the cancellation. In considering the protection of the Australian community, the Tribunal had regard to Direction 79, which mandates consideration of the nature and seriousness of the Applicant's conduct and the risk to the community of further offending. The Direction specifies that violent and sexual crimes are viewed very seriously, as are crimes against vulnerable members of the community. The frequency and cumulative effect of offending, as well as whether the non-citizen has re-offended after being warned about migration consequences, are also relevant factors.

The Applicant, a citizen of the Bahamas, had resided in Australia since 1985, playing professional basketball. He was convicted of sex-related offences committed in 1988 and 1990, for which he served a significant period of imprisonment. He was subsequently convicted of further sex offences committed in 1995, leading to the cancellation of his parole and his visa. Despite the Applicant's long period of residence in Australia and his ties to the community, the Tribunal found that the seriousness and nature of his criminal conduct, particularly the sex offences, weighed heavily against revoking the visa cancellation. The Tribunal ultimately determined that there was no other reason to revoke the cancellation decision.