Vu and Minister for Immigration, Citizenship, and Multicultural Affairs (Migration)

This matter concerned an application by Mr Vu for the revocation of the mandatory cancellation of his visa, which had been refused under subsection 501(1) of the *Migration Act 1958* (Cth) due to his substantial criminal record and failure to pass the character test. The dispute before the Tribunal was whether there was another reason why the visa should not be refused, despite the mandatory cancellation.

The legal issues before the Tribunal were whether Mr Vu passed the character test, and if not, whether there was another reason to revoke the mandatory cancellation of his visa. This involved considering the impact of the *Pearson* decision and subsequent legislative amendments, as well as assessing Mr Vu's rehabilitation efforts and the risk he posed to the Australian community, including considerations of family violence.

The Tribunal found that Mr Vu did not pass the character test. While acknowledging Mr Vu's remorse and engagement in some rehabilitation efforts, including ceasing illicit drug use and attending psychological sessions, the Tribunal noted his failure to continue meaningful engagement with treatment services post-detention. This, coupled with his failure to present to Australian Border Force officials despite being aware of his visa status, led the Tribunal to conclude that Mr Vu represented a considerable risk to the Australian community. Furthermore, regarding family violence, while Mr Vu accepted responsibility for his actions, there was no specific evidence of rehabilitation for domestic violence, although general rehabilitation was acknowledged. The Tribunal ultimately found that the primary consideration of protection of the Australian community weighed strongly in favour of not revoking the cancellation.