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

This matter concerned an application by Mr Wang, a citizen of China, for the revocation of a mandatory visa cancellation made under section 501(3A) of the *Migration Act 1958* (Cth) due to his substantial criminal record. The Administrative Appeals Tribunal (the Tribunal) was required to review the decision to refuse to revoke this mandatory cancellation under section 501CA(4) of the Act.

The primary legal issue before the Tribunal was whether there was another reason why the mandatory cancellation of Mr Wang's visa should be revoked, given that he did not pass the character test under sections 501(6)(a) and 501(7)(c) of the Act. In determining this, the Tribunal was required to consider the protection of the Australian community from criminal or other serious conduct, the strength, nature, and duration of Mr Wang's ties to Australia, and any other relevant considerations.

The Tribunal considered Mr Wang's criminal offending, including a conviction for dealing with property suspected of being proceeds of crime involving a significant sum of money. It also took into account Mr Wang's evidence regarding his rehabilitation, his claim of abstaining from illicit drug use for over 10 years, his remorse, and his desire to lead a normal life. The Tribunal found that while Mr Wang's offending record was serious, there was a medium to low risk of him re-offending. It also considered his ties to Australia, noting he had resided in Australia for most of his adult life and had established social links, but also acknowledged his formative years were spent in China and he had been incarcerated for a significant period.

Ultimately, the Tribunal affirmed the decision to refuse to revoke the mandatory visa cancellation. While acknowledging Mr Wang's efforts at rehabilitation and his established ties to Australia, the Tribunal afforded significant weight to the protection of the Australian community from criminal conduct, concluding that this consideration strongly favoured not revoking the cancellation.