Popovski and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an appeal by Mr Popovski against the decision of a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the mandatory cancellation of his visa. The cancellation was based on Mr Popovski failing to pass the character test due to his criminal offending. The appeal was heard by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" why Mr Popovski's visa cancellation should be revoked, as contemplated by the *Migration Act 1958* (Cth). In determining this, the Tribunal was required to consider Ministerial Direction 90, which outlines the considerations for such a decision. These considerations included the protection of the Australian community, the best interests of minor children, the interests of an unborn child, expectations of the Australian community, impediments to removal, and the strength, nature, and duration of ties to Australia.

The Tribunal considered the evidence regarding Mr Popovski's criminal history, which included multiple convictions for drug possession, entering prescribed premises without lawful excuse, and break and enter offences, some resulting in terms of imprisonment. The Tribunal noted that Mr Popovski's offending was linked to his illicit substance use, and while he appeared to have insight into this link, he had not taken steps towards rehabilitation, leading to a conclusion of no prospects of rehabilitation. Evidence regarding alleged family violence was considered, but the Tribunal found no objective supporting evidence of such acts, and a letter from his ex-wife described him positively. The Tribunal also considered his ties to Australia, including his long residency, family members, and an unborn grandchild, but ultimately found that the protection of the Australian community from criminal conduct outweighed these considerations.

The Tribunal affirmed the decision of the delegate not to revoke the mandatory cancellation of Mr Popovski's visa.