VPKY and Minister for Home Affairs (Migration)

This matter concerned an application for merits review of a decision by a delegate of the Minister for Home Affairs not to revoke the mandatory cancellation of the applicant's visa. The applicant, a 57-year-old woman born in the United Kingdom, had resided in Australia for almost 50 years since migrating at the age of seven. Her visa was mandatorily cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to her substantial criminal record, which included significant drug trafficking convictions spanning from 1977 to 2017. The applicant sought revocation of this cancellation, arguing there was "another reason" to do so.

The core legal issue before the Tribunal was whether, having regard to all relevant considerations including those outlined in Part C of Direction No. 79, there was another reason to revoke the mandatory visa cancellation. The Tribunal was required to consider principles such as Australia's sovereign right to determine who remains in the country, community expectations regarding serious offenders, the potential for reoffending, and the specific circumstances of non-citizens who have lived in Australia for a significant portion of their lives. Primary considerations under Direction 79 included the protection of the Australian community, the best interests of minor children, and community expectations.

The Tribunal acknowledged the seriousness of the applicant's criminal history and the real risk of reoffending. However, it also weighed this against the significant impact on her family, the extensive period of her residence in Australia, her strong ties to the Australian community, and the potential difficulties she might face if returned to the United Kingdom. After carefully balancing these competing considerations, the Tribunal concluded that the overall balance favoured not revoking the mandatory cancellation. Consequently, the Tribunal affirmed the delegate's decision.