Tran and Minister for Home Affairs (Migration)

This matter concerned an application by Mr Tran for the revocation of the mandatory cancellation of his visa. The applicant's visa had been cancelled under section 501(3A) of the *Migration Act 1958* (Cth) because he did not pass the character test, having been sentenced to 12 months imprisonment for drug offences. The Administrative Appeals Tribunal was required to consider whether the discretion under section 501CA of the Act to revoke the mandatory cancellation should be exercised.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory visa cancellation, having regard to the considerations outlined in Direction No 65. This involved assessing the applicant's criminal conduct, including drug offences and offences against personal and property rights, and his refusal to submit to lawful authority. The Tribunal also considered evidence from a psychologist, Professor Ian Coyle, who assessed the applicant as suffering from an Adjustment Disorder and opined that he posed no significant risk of recidivism.

The Tribunal reasoned that while Professor Coyle's report provided a psychological assessment, it did not outweigh the seriousness and nature of the applicant's offending. The Tribunal noted that the applicant had a history of defaulting to unlawful activity for remuneration, demonstrated a refusal to accept lawful authority, and had failed to moderate his behaviour despite previous warnings and sentencing. The Tribunal applied the principles in Direction No 65, particularly concerning the protection of the Australian community from criminal conduct, the seriousness of the offending, the frequency of offending, and the cumulative effect of repeated offences. The Tribunal found that the applicant's conduct indicated a lack of comprehension of the harm caused by his drug offences and a persistent failure to comply with lawful authority.

Ultimately, the Tribunal found that there was no other reason to revoke the mandatory cancellation of the applicant's visa. Accordingly, the Tribunal affirmed the decision under review, meaning the visa cancellation remained in effect.