Vu and Minister for Home Affairs (Migration)

This matter concerned an application by Mr Vu for review of the Minister for Home Affairs' decision to cancel his Resident Return Visa under section 501 of the *Migration Act 1958* (Cth). The Minister had formed the opinion that Mr Vu did not pass the character test due to having a substantial criminal record, including a sentence of imprisonment of 12 months or more. The Administrative Appeals Tribunal was required to consider whether to affirm or set aside the cancellation decision.

The Tribunal was tasked with determining whether the protection of the Australian community, the best interests of Mr Vu's minor child, the expectations of the Australian community, and other considerations, including the strength, nature, and duration of Mr Vu's ties to Australia, weighed in favour of affirming or setting aside the visa cancellation. In particular, the Tribunal had to assess the nature and seriousness of Mr Vu's conduct, which included supply of prohibited drugs, shoplifting, common assault, and driving with a middle-range prescribed concentration of alcohol.

In its reasoning, the Tribunal applied Ministerial Direction No. 79, which outlines the primary considerations for visa cancellation decisions. The Tribunal found that while the best interests of Mr Vu's child and significant impediments to his removal from Australia were strong factors favouring the applicant, the protection of the Australian community and the expectations of the Australian community weighed heavily in favour of cancellation. This was due to the repeated and serious nature of Mr Vu's offending, including violent conduct and threats, and his demonstrated disregard for Australian law despite previous warnings and undertakings to change his behaviour. The Tribunal concluded that there was a real likelihood of Mr Vu reoffending, posing a risk to the community.

Ultimately, the Tribunal affirmed the decision to cancel Mr Vu's visa, finding that the protection of the Australian community and the expectations of the Australian community were paramount considerations that outweighed the factors favouring the applicant.