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

This matter concerned an appeal by the Applicant, XRZG, against the mandatory cancellation of his temporary visa under subsection 501(3A) of the *Migration Act 1958* (Cth). The cancellation was based on the Applicant failing to pass the character test due to having a substantial criminal record. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether to affirm or revoke the original decision to cancel the visa.

The central legal issue before the Tribunal was the application of Ministerial Direction No. 90, which outlines the considerations for assessing whether a non-citizen passes the character test. Specifically, the Tribunal had to weigh the primary considerations, including the protection of the Australian community, the seriousness of the Applicant's offending and future risk, family violence, the best interests of minor children, and the expectations of the Australian community, against other considerations such as the extent of impediments to removal and the Applicant's links to the Australian community.

The Tribunal's reasoning focused on the Applicant's extensive criminal history, which included offences involving dangerous driving, driving without a licence, possession of stolen vehicles, and drug offences. The Tribunal considered sentencing remarks from both the Local Court and the District Court of NSW, which detailed the Applicant's disregard for road safety and the law, including high-speed pursuits and collisions. The Tribunal found that the Applicant had a substantial criminal record, meaning he did not pass the character test. While acknowledging the Applicant's arguments regarding the best interests of his children and his community ties, the Tribunal concluded that the primary considerations, particularly the protection of the Australian community and the expectations of the community, weighed heavily against the Applicant and outweighed the other factors.

The Tribunal affirmed the original decision to cancel the Applicant's visa.