Re Do and Minister for Immigration and Border Protection

This matter concerned an application by Mr Do, a New Zealand citizen, for the Minister for Immigration and Border Protection to revoke a mandatory cancellation of his visa. The cancellation was based on Mr Do’s substantial criminal record, which included convictions for driving offences, possession of a knife, break and enter, larceny, and, significantly, cultivating a commercial quantity of cannabis and theft. Deputy President Bernard McCabe considered whether to exercise the power to revoke the cancellation decision.

The primary legal issues before the Deputy President were whether the "primary considerations" weighed in favour of revoking the visa cancellation, and whether any "other considerations" were relevant and persuasive. Specifically, the Deputy President had to assess the risk of the applicant re-offending, the best interests of any minor children affected by the decision, and the expectations of the Australian community regarding compliance with the law. The Deputy President also considered the applicant's ties to Australia, his personal circumstances, and any impediments to his removal.

In his reasoning, the Deputy President found that the risk of re-offending, while not high, carried significant consequences, weighing against revocation. The best interests of minor children were not engaged as there were no such children affected by the decision. Regarding community expectations, the Deputy President concluded that while Australia is a nation built on second chances, there is little tolerance for individuals who cultivate drugs on an industrial scale, even if a minor player, as this demonstrates a deliberate defiance of the law. The Deputy President also found that Mr Do had relatively weak ties to Australia, having spent substantial time overseas and having continued to engage in criminal conduct throughout his time in the country. Furthermore, there were no significant impediments to Mr Do resuming his life in New Zealand.

Consequently, the Deputy President determined that the primary considerations weighed against revoking the cancellation decision, and other considerations did not sufficiently favour the applicant. Accordingly, the decision under review was affirmed, meaning Mr Do's visa cancellation was not revoked.