PYNT and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to revoke the mandatory cancellation of the Applicant's Resident Return (class BB) (subclass 155) visa. The visa had been cancelled under section 501(3A) of the *Migration Act 1958* (Cth) because the Applicant did not pass the character test due to having a substantial criminal record. The review was heard by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were to consider the application of Ministerial Direction No. 90, specifically the weight to be given to primary considerations such as the protection of the Australian community from criminal or other serious conduct, the nature and seriousness of the Applicant's conduct, and the seriousness of offending and future risk. The Tribunal was also required to consider other considerations, including the extent of impediments to removal and the strength, nature, and duration of the Applicant's ties to Australia.

The Tribunal reasoned that the Applicant's criminal history, which included convictions for common assault, assault occasioning actual bodily harm, contravening an apprehended domestic violence order, and assaulting a police officer, demonstrated a pattern of serious offending, including family violence. The Tribunal noted the cumulative effect of repeated offending over many years and a prior warning regarding deportation. While acknowledging the Applicant's distressed state at the hearing and his limited evidence, the Tribunal found that the seriousness of his conduct, particularly the violent offences and family violence, weighed heavily against revocation.

Ultimately, the Tribunal set aside the delegate's decision not to revoke the mandatory cancellation of the Applicant's visa. In substitution, the Tribunal revoked the cancellation of the Applicant's visa under subsection 501CA(4) of the *Migration Act 1958* (Cth).