PKBV and Minister for Home Affairs (Migration)

The applicant, PKBV, sought review of a delegate's decision to cancel his visa under section 501 of the *Migration Act 1958* (Cth) due to failing the character test, specifically by having a substantial criminal record and serving a prison sentence. The applicant's Class WA Subclass 010 Bridging A Visa was cancelled on 23 January 2018. The matter was heard by the Hon. Dennis Cowdroy OAM QC, Deputy President.

The primary legal issue before the Tribunal was whether the discretion to revoke the visa cancellation should be exercised, considering the criteria outlined in Direction No. 79. This involved assessing various factors, including the nature and seriousness of the applicant's conduct, the risk to the Australian community, the best interests of any minor children (though not explicitly detailed in the provided text), the expectations of the Australian community, and other relevant considerations such as impediments to removal and impact on Australian business interests.

The Tribunal considered the applicant's extensive criminal history, which commenced during his youth and was linked to alcohol consumption. While the applicant presented arguments for a reduced risk of reoffending, including the positive influence of his partner and her family, the prospect of employment, and his professed recognition of past errors, the Tribunal found these submissions insufficient to outweigh the public interest. The Tribunal noted the applicant had made no demonstrable efforts to address his drinking problem and concluded that there was no assurance against future reoffending, which would place members of the Australian public at risk. The Tribunal also considered the applicant's ties to Tonga, where he had family support, and the lack of evidence of significant business interests in Australia.

Ultimately, the Tribunal found that the protection of the Australian public outweighed the applicant's personal interests. The Tribunal affirmed the delegate's decision, concluding that the expectation of the Australian community mandated that the visa cancellation remain in effect.