Wang and Minister for Immigration and Border Protection (Migration)

This matter concerned an appeal by Mr. Wang against the decision of the delegate of the Minister for Immigration and Border Protection not to revoke the cancellation of his resident visa. Mr. Wang, who arrived in Australia in 1990, had a criminal record including convictions for importing tier 2 goods and making a false instrument (related to credit card fraud), and recklessly dealing in proceeds of crime exceeding $1,000,000. He was married to an Australian citizen, Ms. Shen, and had an Australian citizen daughter, Ms. Wang, who were both reliant on him.

The court was required to determine whether there were sufficient grounds to revoke the cancellation of Mr. Wang's visa, considering the character test provisions of the *Migration Act 1958* (Cth). This involved assessing the nature of the harm that could arise should Mr. Wang re-offend, the likelihood of him re-offending, and cumulatively considering the strength, nature, and duration of his ties to Australia, as well as the impact on his family.

The court affirmed the original decision, finding that while Mr. Wang expressed remorse and had undertaken rehabilitation activities during his incarceration, and a forensic psychologist assessed him as being at low risk of re-offending, these factors were not sufficient to outweigh the seriousness of his past criminal conduct. The court noted that Mr. Wang's past criminal activities, particularly those involving credit card fraud, had the potential to cause substantial financial loss to the community and the finance industry. Furthermore, the court considered the significant emotional and psychological impact on his Australian citizen daughter and wife should he be deported, but ultimately concluded that these considerations did not provide a reason to revoke the cancellation of his visa.