Taillez and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration and Border Protection not to revoke the mandatory cancellation of the visa held by Serge Henri Marcel Taillez. The applicant, a citizen of France, had entered Australia in 2005 and was later granted a spouse visa in 2008. The dispute arose from the applicant's extensive criminal history in Australia since 2009, which led to the mandatory cancellation of his visa under section 501(3A) of the *Migration Act 1958* (Cth). The applicant sought revocation of this cancellation under section 501CA(4) of the Act.

The court was required to determine whether the delegate's decision not to revoke the mandatory visa cancellation was correct. This involved assessing whether the applicant passed the character test under section 501(6) of the Act, and if not, whether the discretion afforded by section 501CA(4) should be exercised to revoke the cancellation. In making this assessment, the court had to consider the principles outlined in Direction No 65, including the protection of the Australian community from criminal or other serious conduct, the nature and seriousness of the applicant's conduct, and the risk to the community should further offences be committed.

The court found that the applicant did not pass the character test due to his lengthy and repetitive criminal offending, which included property and drug-related offences. The court reasoned that the totality and frequency of the applicant's offending demonstrated a serious impact on the community, with a propensity towards re-offending linked to his heroin use. While acknowledging the applicant's ties to Australia, the court concluded that these did not outweigh the considerations favouring non-revocation, particularly the protection of the Australian community. The court also noted that there were few impediments to the applicant's resettlement in France.

Accordingly, the court affirmed the delegate's decision not to revoke the mandatory visa cancellation.