Speers and Minister for Immigration and Border Protection (Migration)

This matter concerned the review of a mandatory visa cancellation decision made by the Minister's delegate under s 501(3A) of the *Migration Act 1958* (Cth). The applicant, a New Zealand citizen who had resided in Australia since 2000, had his visa cancelled due to failing the character test, specifically by being sentenced to a term of imprisonment of more than 12 months for offences against Australian law. The applicant sought to have this cancellation decision revoked.

The Tribunal was required to determine whether the applicant's visa cancellation was justified, considering the principles outlined in the relevant Ministerial Direction. This involved assessing the nature and seriousness of the applicant's past offending, including the frequency, trend of increasing seriousness, and cumulative effect of his criminal conduct. Furthermore, the Tribunal had to evaluate the risk to the Australian community should the applicant reoffend, considering both the potential nature of future harm and the likelihood of such reoffending.

The Tribunal found that the applicant's criminal conduct was very serious, noting a resumption of offending after a formal warning about potential visa cancellation. Despite the applicant's claims of remorse and undertaking rehabilitative courses in custody, the Tribunal considered that his extensive history of offending over 21 years, without seeking external assistance prior to his most recent custodial sentences, indicated a significant risk of reoffending. The Tribunal concluded that the nature of potential future harm, given the seriousness of his prior offences, would be significant, including the risk of injury or death.

Ultimately, the Tribunal agreed with the Minister's delegate that the applicant's offending was very serious and that the risk of future harm to the Australian community was substantial. Consequently, the Tribunal affirmed the mandatory visa cancellation decision.