Rodchompoo and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by Mr Rodchompoo for review of a decision by a delegate of the Minister for Immigration and Border Protection not to revoke the mandatory cancellation of his visa. The applicant was detained at the Christmas Island Immigration Detention Centre. The dispute centred on whether the delegate had erred in refusing to revoke the visa cancellation.

The court was required to determine whether Mr Rodchompoo passed the character test under section 501 of the *Migration Act 1958* (Cth) and, if not, whether there was another reason why the mandatory cancellation of his visa should have been revoked. Specifically, the court had to consider the application of section 501(3A), which mandates visa cancellation if a person has a substantial criminal record and is serving a full-time custodial sentence, and the criteria for revoking such a cancellation under section 501CA(4).

The court affirmed the delegate's decision, finding that Mr Rodchompoo did not pass the character test due to having a substantial criminal record, as defined by section 501(7)(c) of the Act, arising from a sentence of imprisonment exceeding 12 months. Consequently, his visa was mandatorily cancelled under section 501(3A). In considering revocation, the delegate gave significant weight to the violent nature of Mr Rodchompoo's offences, namely Unlawful Wounding and Aggravated assault with intent to rob, concluding that he posed an unacceptable risk of harm to the Australian community. The court found that the protection of the Australian community outweighed all countervailing considerations, and therefore, the mandatory cancellation was not revoked.