Samson and Minister for Immigration and Border Protection (Migration)

The Administrative Appeals Tribunal reviewed a decision of a delegate of the Minister for Immigration and Border Protection not to revoke the cancellation of Mr Bronson Samson's Special Category (Temporary) visa. Mr Samson's visa was cancelled under section 501(3A) of the Migration Act 1958 (Cth) due to having a substantial criminal record. He subsequently made representations seeking revocation of this decision, which were refused, leading to the present application for review.

The Tribunal was required to determine whether the delegate's decision to refuse to revoke the visa cancellation was the correct and preferable decision. This involved considering whether Mr Samson met the character test, specifically whether he had a substantial criminal record, and assessing the primary considerations outlined in the relevant Direction, including the protection of the Australian community from criminal or other serious conduct and whether the expectations of the Australian community had been met.

The Tribunal found that Mr Samson did not pass the character test as he had a substantial criminal record, having been sentenced to terms of imprisonment totalling more than 12 months for serious offences, including robbery with actual violence and assault occasioning bodily harm. The Tribunal considered the applicant's considerable criminal history, which included multiple violent and dishonesty offences, and noted the seriousness and brutality of some of these offences, particularly an unprovoked attack on two young men. The Tribunal concluded that the protection of the Australian community from criminal conduct was a significant consideration and that Mr Samson's conduct did not meet the expectations of the Australian community.

The Tribunal affirmed the delegate's decision not to revoke the visa cancellation.