Sarimsaklio and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of *Sarimsaklio and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs*. The dispute concerned the mandatory cancellation of the applicant's Class BB Return (Residence) Subclass 155 (Five Year Resident Return) visa under section 501(3A) of the *Migration Act 1958* (Cth) due to the applicant failing to pass the character test, specifically by having a substantial criminal record.

The Tribunal was required to determine whether the applicant's visa cancellation should be affirmed, having regard to the mandatory cancellation provisions and the considerations outlined in Ministerial Direction No. 90. Key issues included the weight to be given to the primary considerations of protecting the Australian community, the seriousness of the offending and future risk, and the best interests of the applicant's minor children. The Tribunal also had to consider other relevant factors, such as the extent of impediments to the applicant's removal from Australia, their links to the Australian community, and the potential for a breach of Australian international treaty obligations.

In its reasoning, the Tribunal applied the principles of Ministerial Direction No. 90, which mandates that the protection of the Australian community is a paramount consideration. The Tribunal found that the seriousness of the applicant's offending and the risk of future offending weighed heavily against the applicant. While acknowledging the best interests of the minor children as a primary consideration, the Tribunal determined that this factor did not outweigh the significant risk to the Australian community. The Tribunal also considered the applicant's limited links to Australia and the lack of substantial impediments to their removal. Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa.