QSBL and Minister for Home Affairs (Migration)

This matter concerned an application for review of a delegate's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant's visa was cancelled on 15 February 2017 because he did not pass the character test, having a substantial criminal record. This record included convictions for unlawfully assaulting with circumstances of aggravation in 2010, and more recently, for being armed or pretending to be armed in a way that may cause fear and unlawfully assaulting with bodily harm with circumstances of aggravation in 2017, which were domestic violence offences. The applicant made representations to the delegate, highlighting his long residence in Australia since 1998, his departure from Sudan due to war, his family ties in Australia, a diagnosed mental illness, and his relationship with an Australian citizen and two minor step-children who regarded him as a father. Despite these representations, the delegate decided not to revoke the visa cancellation. The applicant subsequently applied to the Administrative Appeals Tribunal for a review of this decision.

The Tribunal was required to determine two primary issues. Firstly, whether the applicant passed the character test as defined by section 501(6) of the *Migration Act 1958* (Cth). Secondly, if the applicant did not pass the character test, whether there was another reason why the mandatory cancellation decision should be revoked, having regard to the primary and other considerations set out in Ministerial Direction No. 65. These considerations included the protection of the Australian community, the best interests of minor children, international non-refoulement obligations, the expectations of the Australian community, the nature and seriousness of the criminal offending, the risk of future criminal conduct, the strength and duration of ties to Australia, impediments to return to Sudan, and the applicant's mental health.

The Tribunal considered the applicant's criminal history, noting the seriousness of the domestic violence offences. It also weighed the applicant's personal circumstances, including his long period of residence in Australia, his family ties, and his mental health issues. The Tribunal's reasoning focused on balancing these factors against the need to protect the Australian community and uphold the integrity of the migration system. The Tribunal ultimately affirmed the delegate's decision not to revoke the mandatory cancellation of the applicant's visa.