Vo and Minister for Home Affairs (Migration)

The Administrative Appeals Tribunal considered the case of Mr Vo, who sought the revocation of a mandatory visa cancellation. Mr Vo's visa was cancelled under section 501(3A) of the Migration Act 1958 because he failed the character test due to a substantial criminal record, specifically convictions for drug trafficking and possession for sale, which resulted in significant prison sentences. The delegate of the Minister had previously decided not to revoke the cancellation, and Mr Vo applied to the Tribunal for a review of that decision.

The Tribunal was required to determine whether there was another reason why the original decision to cancel Mr Vo's visa should be revoked, as he did not contend that he passed the character test. This involved assessing various considerations, including the primary consideration of protecting the Australian community from criminal or other serious conduct, and the expectations of the Australian community. The Tribunal also had to consider other factors such as the strength, nature, and duration of Mr Vo's ties to Australia and the extent of impediments he might face if removed.

In reaching its decision, the Tribunal applied the principles outlined in Ministerial Direction 65. It acknowledged the government's commitment to community protection and the expectation that non-citizens should be law-abiding. The Tribunal examined the nature and seriousness of Mr Vo's conduct, including his history of drug offending, driving offences, and larceny, noting that these were often linked to his heroin addiction. While Mr Vo provided explanations for some of his actions, the Tribunal found that his criminal conduct, particularly the drug trafficking, posed a risk to the community.

Ultimately, the Tribunal concluded that, after considering all the evidence and applying the relevant principles, there was no other reason why the original decision to cancel Mr Vo's visa should be revoked. Accordingly, the Tribunal affirmed the decision under review.