RZMW and Minister for Home Affairs (Migration)

This matter concerned an application by RZMW (the applicant) for review of a decision by the Minister for Home Affairs (the respondent) not to revoke the mandatory cancellation of his protection visa. The applicant's visa had been cancelled under section 501(3A) of the *Migration Act 1958* (Cth) because he did not pass the character test, having been sentenced to 12 months imprisonment. The core dispute revolved around whether the discretion afforded by section 501CA of the Act to revoke such a mandatory cancellation should be exercised in the applicant's favour.

The court was required to determine whether the decision-maker had properly considered the relevant factors under Direction No 65 and Direction No 75, particularly in relation to the protection of the Australian community from criminal or other serious conduct. This involved assessing the nature and seriousness of the applicant's past conduct, the risk to the community should he reoffend, and the applicant's extensive criminal and traffic history, which included violent offences, offences against personal and property rights, and a persistent disregard for lawful authority.

The court reasoned that the applicant's criminal history was significant and demonstrated a pattern of serious offending. It noted that the applicant had received two formal warnings from the Minister regarding the potential cancellation of his visa due to his offending, yet he had continued to commit further offences after each warning. This persistent disregard for lawful authority and the warnings issued was considered a particularly serious aspect of his conduct, confirming the "very serious" nature of his offending. The court found that the applicant had been given opportunities to modify his behaviour but had failed to do so.

Ultimately, the court affirmed the decision under review, meaning the mandatory cancellation of the applicant's protection visa was not revoked.