Wu and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by Mr. Wu for the revocation of a mandatory visa cancellation made under section 501 of the *Migration Act 1958* (Cth) on character grounds. The decision under review was affirmed by Deputy President K Bean.

The primary legal issue before the Tribunal was whether there was sufficient reason to revoke the cancellation of Mr. Wu's visa, having regard to the principles outlined in Ministerial Direction 65. This required the Tribunal to consider the protection of the Australian community from harm, the nature and seriousness of Mr. Wu's conduct, and the risk to the community should he commit further offences.

The Tribunal considered the nature and seriousness of Mr. Wu's conduct, noting that his criminal offending leading to conviction was not isolated. The Tribunal also had regard to other matters recorded by the South Australia Police. In assessing Mr. Wu's conduct, the Tribunal observed that he had difficulty recalling details of his offending when giving oral evidence, with his recollections differing from police records and his own written submissions. The Tribunal found that Mr. Wu could not adequately explain these discrepancies or his inability to recall matters he had previously provided instructions on.

Consequently, the Tribunal was not satisfied that there was sufficient reason to revoke the cancellation of Mr. Wu's visa and affirmed the decision under review.