XZJP and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by XZJP (the applicant) to revoke the decision of a delegate of the Minister for Immigration and Border Protection to cancel the applicant's Class BB Subclass 155 Five-year Resident Return visa. The dispute arose because the applicant did not pass the character test due to having a substantial criminal record for a drug offence. The case was heard by M J McGrowdie SM.

The primary legal issue before the court was whether the delegate's decision to cancel the applicant's visa should be revoked under section 501CA(4) of the *Migration Act 1958* (Cth). This required the court to consider various factors, including the protection of the Australian community, the expectations of the Australian community, and other relevant considerations, in determining whether to set aside the cancellation decision.

In reaching its decision, the court weighed the various considerations presented. It noted submissions regarding the applicant's background in Colombia, including his language and family ties there, and acknowledged that threats made to the applicant in 2014 might be a factor he would consider an impediment to removal. However, the court concluded that these considerations were outweighed by concerns for the protection of the Australian community and the expectations of the Australian community. Accordingly, the court affirmed the delegate's decision to cancel the visa.