Re Gordon v Minister for Immigration and Border Protection (Migration)

This matter concerned an application to review a delegate's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant, who had resided in Australia for 32 years, had a substantial criminal record, including drug and firearm offences, which led to his visa being mandatorily cancelled under section 501(3A) of the *Migration Act 1958* (Cth). The case was heard by Deputy S Boyle P.

The primary legal issue before the Tribunal was whether the discretion to revoke the mandatory cancellation of the applicant's visa should be exercised. This required the Tribunal to consider the primary considerations outlined in Direction 65, specifically the protection of the Australian community from criminal or other serious conduct, the best interests of minor children in Australia, and the expectations of the Australian community. The Tribunal also had to consider other factors, including the strength, nature, and duration of the applicant's ties to Australia and the extent of impediments to his removal.

The Tribunal reasoned that while the applicant's criminal record was serious, particularly his involvement in methylamphetamine dealing, the risk of him reoffending was sufficiently low to counterbalance the seriousness of his past offences. The Tribunal noted that the applicant's criminal behaviour appeared to be driven by a drug addiction that commenced later in his life, and that he had demonstrated a commitment to rehabilitation, including being drug-free since 2014 and receiving positive feedback from his peer support program. The Tribunal also found that the best interests of the applicant's grandchildren, his strong ties to Australia, and the expectations of the Australian community in these particular circumstances weighed in favour of allowing him to remain.

Consequently, the Tribunal set aside the delegate's decision and substituted it with a decision to revoke the mandatory cancellation of the applicant's visa.