Steve and Minister for Immigration and Border Protection (Migration)

This matter concerned an appeal by Mr Steve against the cancellation of his visa by the Minister for Immigration and Border Protection. Mr Steve, a New Zealand citizen who had resided in Australia since infancy, had his visa cancelled under the character provisions of the *Migration Act 1958* (Cth) due to having a substantial criminal record. The Administrative Appeals Tribunal (AAT) was required to determine whether to revoke this mandatory cancellation.

The primary legal issues before the Tribunal were whether the protection of the Australian community weighed against revoking the visa cancellation, the expectations of the Australian community regarding non-citizens obeying the law, and the strength of Mr Steve's ties to Australia versus the impediments to his removal to New Zealand. The Tribunal was guided by Direction No. 65, which outlines considerations for visa cancellation decisions, including the seriousness of the conduct, the risk of reoffending, community expectations, ties to Australia, and impediments to removal.

The Tribunal reasoned that Mr Steve's extensive criminal record, which included numerous convictions for serious offences such as aggravated break and enter, larceny, and drug possession, weighed heavily against revoking the cancellation, particularly concerning the protection of the Australian community. While acknowledging Mr Steve's strong familial ties to Australia, including his long residence since childhood and relationships with his mother and brother, the Tribunal found that the impediments to his removal were not substantial, apart from the separation from his family. The Tribunal concluded that these other considerations did not outweigh the primary considerations that weighed against revocation.

Ultimately, the Tribunal affirmed the decision to cancel Mr Steve's visa. The Tribunal found that the protection of the Australian community was a significant factor against revoking the cancellation, and that while Mr Steve's ties to Australia were considerable, they were insufficient to overcome the serious nature of his criminal history and the community's expectations that non-citizens should abide by Australian laws.