QKJY and Minister for Immigration and Border Protection (Migration)

The Administrative Appeals Tribunal reviewed a delegate's decision not to revoke the mandatory cancellation of the Applicant's Class XB subclass 202 Global Special Humanitarian Visa. The Applicant, who entered Australia as a UNHCR mandated refugee, had a lengthy criminal history dating back to 2006. The visa was cancelled on 1 May 2015, and the Applicant sought review of the subsequent refusal to revoke this cancellation.

The Tribunal was required to determine whether the Applicant's criminal offending constituted "serious offences" for the purposes of the character test under section 501 of the *Migration Act 1958* (Cth), and if so, whether the discretion to revoke the mandatory visa cancellation should be exercised. In making this determination, the Tribunal had to consider the principles and considerations outlined in Direction No. 65, including the protection of the Australian community from criminal or other serious conduct, and the Applicant's contributions to the Australian community.

The Tribunal reasoned that the Applicant's criminal history, particularly his repeated offences related to driving under the influence of alcohol, was serious. It noted that the Applicant had been formally warned in writing in 2009 about the consequences of further offending for his migration status, yet he continued to reoffend. The Tribunal applied the principles in Direction No. 65, which emphasise the importance of protecting the Australian community and the low tolerance for criminal conduct by non-citizens. The Tribunal found that the primary considerations of protecting the Australian community from criminal conduct and the cumulative effect of repeated offending outweighed any other considerations.

Consequently, the Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of the Applicant's visa.