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

The applicant, Ms. Tran, sought revocation of the mandatory cancellation of her visa, which had been cancelled due to her failure to pass the character test, specifically her substantial criminal record. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Respondent) had refused to revoke the cancellation. Ms. Tran sought review of this decision in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether there was "another reason" why the mandatory cancellation of Ms. Tran's visa should be revoked, despite her failure to pass the character test. This assessment was to be conducted in accordance with Ministerial Direction No. 79, which outlines the primary considerations to be weighed, including the protection of the Australian community, the best interests of minor children, and the expectations of the Australian community, as well as other considerations such as the extent of impediments to removal and the strength, nature, and duration of ties to Australia.

The Tribunal considered Ms. Tran's evidence regarding her background, her alleged lack of knowledge about the illegality of distributing cannabis, her motivation for offending (to assist her mother with debts), her role in the drug syndicate, and her concerns about separation from her child and potential dangers if returned to Vietnam. The Tribunal noted discrepancies in Ms. Tran's narrative concerning her involvement with a co-offender and her denial of using the Dark Web or Bitcoin, which contradicted agreed facts. The Tribunal also found her narrative about how she came into contact with a co-offender to be lacking in credibility, and noted the sentencing judge's comments about her minimising her role and playing a managerial role. Despite these credibility issues, the Tribunal was required to weigh the primary considerations under Direction No. 79.

The Tribunal affirmed the decision not to revoke the mandatory cancellation of Ms. Tran's visa.