XNBW and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the mandatory cancellation of the applicant's visa. The applicant, a citizen of the United Kingdom who arrived in Australia at the age of three, had a substantial criminal record, including convictions for stealing, drug possession, resisting police, and property damage, with his latest conviction resulting in a five-month prison sentence. The visa was mandatorily cancelled under s 501(3A) of the *Migration Act 1958* (Cth) because the applicant had been sentenced to a term of imprisonment of 12 months or more and was serving a full-time sentence. The applicant sought revocation of this decision, which was refused by the Minister's delegate, leading to the application for review by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether to exercise its discretion to revoke the mandatory cancellation of the applicant's visa. This involved considering the primary considerations and other considerations outlined in the relevant Direction, including the strength, nature, and duration of the applicant's ties to Australia, the risk of reoffending, and the best interests of minor children in Australia. The Tribunal also had to assess the evidence presented regarding the applicant's difficult childhood, his relationships with his family, and his efforts towards rehabilitation.

In its reasoning, the Tribunal acknowledged the applicant's long residence in Australia and his strong ties to his aunt, uncle, and cousin, as well as his children. It also noted the applicant's evidence regarding his past drug use and his efforts to maintain positive relationships. However, the Tribunal found that no evidence had been led to enliven certain "Other Considerations," such as the impact of the offences on victims or the candour of a former partner regarding fear experienced by her and their children. The Tribunal ultimately concluded that, despite the applicant's ties to Australia and his difficult background, it would not exercise its discretion to revoke the mandatory cancellation of his visa.

Consequently, the Tribunal affirmed the decision under review, meaning the mandatory cancellation of the applicant's visa was upheld.