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

This matter concerned an application for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant's visa was cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to her substantial criminal record, which included convictions for possession of stolen property, possession of a quantity of a prohibited drug exceeding the prescribed limit, and possession of a prohibited drug with intent to sell or supply. The applicant was serving a sentence of eight and a half years imprisonment for these offences.

The Administrative Appeals Tribunal was required to determine whether it was satisfied that the applicant passed the character test, and if not, whether there was another reason why the visa cancellation decision should be revoked. In making this determination, the Tribunal considered the primary and other considerations outlined in Direction No 90, including the protection of the Australian community, the nature and seriousness of the criminal offending, the risk to the community should further offences be committed, community expectations, the strength, nature, and duration of the applicant's ties to Australia, and the extent of impediments if removed to New Zealand.

The Tribunal reasoned that the seriousness of the applicant's criminal conduct, particularly the drug offences involving intent to sell or supply, weighed heavily against revocation. While acknowledging the applicant's ties to Australia, including her relocation at age 22 and her current age of 29, the Tribunal found that these were outweighed by the need to protect the Australian community. The Tribunal concluded that it was not satisfied that the applicant passed the character test, nor was it satisfied that there was another reason to revoke the visa cancellation decision. Consequently, the Tribunal affirmed the delegate's decision not to revoke the visa cancellation.