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

The Administrative Appeals Tribunal considered the application of Emeritus Professor P A Fairall, Senior Member, in the matter of Potae and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration). The dispute concerned the mandatory cancellation of the applicant's visa, which had been initiated under subsection 501CA(4) of the *Migration Act 1958* due to drug-related offending, specifically drug supply.

The Tribunal was required to determine whether the mandatory cancellation of the applicant's visa should be set aside. This involved assessing the strength of the grounds for cancellation against considerations such as the protection of the Australian community, the expectations of the Australian community, the best interests of any children, the applicant's links to the Australian community, and any impediments to relocation. The Tribunal also had regard to Direction No. 90, which provides guidance on the exercise of powers under section 501 of the *Migration Act*.

In reaching its decision, the Tribunal weighed the seriousness of the applicant's past offending against a significant period of stability that had elapsed since the offending occurred. The Tribunal considered the potential risk to the Australian community and the community's expectations regarding visa holders who have engaged in serious criminal conduct. Furthermore, the Tribunal took into account the best interests of the applicant's children and the practical difficulties the applicant would face in relocating to another country, given their established connections to Australia.

Ultimately, the Tribunal found that the circumstances warranted setting aside the mandatory cancellation of the applicant's visa and substituting a new decision.