Sanderson and Minister for Immigration and Border Protection (Migration)

The applicant, a New Zealand citizen who had resided in Australia since 1977, sought review of the Minister's delegate's decision to refuse to revoke the mandatory cancellation of his visa. The applicant's visa was cancelled under section 501(3A) of the Migration Act 1958 (Cth) due to having a substantial criminal record and serving a full-time custodial sentence for drug offences. The applicant had a history of drug use, which escalated following financial difficulties and a serious motor vehicle accident, leading to his conviction for supplying, possessing, and producing dangerous drugs.

The Administrative Appeals Tribunal was required to determine whether the Minister's delegate's decision to refuse to revoke the visa cancellation was correct and preferable. This involved assessing the applicant's conduct in light of the principles outlined in Direction 63, particularly concerning the protection of the Australian community from criminal or other serious conduct. The Tribunal had to consider the nature and seriousness of the applicant's past conduct, including the sentences imposed, the frequency and trend of his offending, and the cumulative effect of his repeated offences.

The Tribunal found that the applicant's criminal history, comprising 23 offences, demonstrated a concerning trend of increasing seriousness. While the applicant attempted to attribute some earlier offending to recreational pursuits, the Tribunal noted a lack of insight into his substance abuse issues, which appeared to underpin the evolution of his criminal behaviour. The Tribunal considered the totality of the applicant's conduct to be serious and reasonably consistent, with a concerning escalation in the severity of offences between 1995 and 2007.

Ultimately, the Tribunal affirmed the decision of the Minister's delegate, finding it to be the correct and preferable one.