Williams and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by Mr Williams for review of a decision by the Minister for Immigration and Border Protection not to revoke the mandatory cancellation of his Class TY Subclass 444 temporary visa. The visa had been mandatorily cancelled under subsection 501(3A) of the *Migration Act 1958* (Cth) because Mr Williams did not pass the character test, having been sentenced to a term of imprisonment of 12 months or more. The Tribunal was required to determine whether there was another reason why the original decision to cancel Mr Williams' visa should be revoked, in accordance with subsection 501CA(4)(b)(ii) of the Act and Direction No. 65.

The Tribunal was required to consider the factors outlined in Direction No. 65, which provides guidance on the exercise of discretion to revoke a mandatory visa cancellation. This included assessing the primary considerations of protecting the Australian community from criminal or other serious conduct, the nature and seriousness of the conduct, the risk to the community if further offences were committed, and the best interests of any minor children. Other relevant considerations included community expectations, the strength, nature, and duration of ties to Australia, and the extent of impediments if removed from Australia.

The Tribunal found that Mr Williams did not pass the character test due to his substantial criminal record, specifically his conviction in Western Australia for two counts of "stealing as a servant" for which he received sentences totalling two years and six months imprisonment. In considering whether to revoke the cancellation, the Tribunal weighed the relevant factors under Direction No. 65. It concluded that the seriousness of Mr Williams' conduct, the significant value of the stolen alcohol, and the risk of future offending outweighed other considerations, such as his ties to Australia. Consequently, the Tribunal was not satisfied that there was another reason why the visa cancellation should be revoked.

The Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of Mr Williams' visa.