Vural and Minister for Home Affairs (Migration)

This matter concerned an application by Mr Vural for review of the mandatory cancellation of his visa by the Minister for Home Affairs. Mr Vural failed the character test, triggering the mandatory cancellation of his visa under s 501(3A) of the Migration Act 1958 (Cth). The sole issue before the Tribunal was whether there was "any other reason" why the original decision to cancel his visa should be revoked, pursuant to s 501CA(4)(b)(ii) of the Act.

The Tribunal was required to determine whether, in light of Mr Vural's personal circumstances and history, there were sufficient grounds to revoke the mandatory visa cancellation. This involved assessing the primary considerations and other considerations outlined in Ministerial Direction No. 79, which the Tribunal was bound to follow. The primary considerations included the protection of the Australian community, specifically the nature and seriousness of Mr Vural's past conduct and the risk of future offending.

The Tribunal considered Mr Vural's extensive criminal history, which spanned several decades and included numerous drug offences, offences of violence, and dishonesty. It noted that Mr Vural had been convicted of drug trafficking, and that the Tribunal could not look behind the findings of the courts in relation to these convictions. The Tribunal acknowledged Mr Vural's submissions regarding his drug use, his desire to be a law-abiding citizen, and his participation in a methadone program. However, it found that the seriousness of drug trafficking and its detrimental impact on the community, as highlighted in previous decisions, weighed heavily against revocation. The Tribunal applied the principles from *Gaspar v Minister for Immigration and Border Protection* (2016) 153 ALD 337, treating the assessment of factors for and against revocation as a single process.

The Tribunal affirmed the decision to refuse to revoke the mandatory cancellation of Mr Vural's visa.