ZBMD and Minister for Home Affairs (Migration)

This matter concerned an application for review of a delegate of the Minister for Home Affairs' decision not to revoke the mandatory cancellation of the Applicant's visa. The Applicant had a substantial criminal record, including child sex offences, which meant he did not pass the character test under section 501(6) of the *Migration Act 1958* (Cth). The Administrative Appeals Tribunal (the Tribunal) had jurisdiction to review the decision under section 500(1)(ba) of the *Migration Act*.

The Tribunal was required to determine two issues: first, whether the Applicant passed the character test; and second, if he did not, whether there was another reason why the mandatory cancellation of his visa should be revoked, having regard to the primary and other considerations set out in Direction No 79. The primary considerations included the protection of the Australian community, the nature and seriousness of the offending conduct, the risk to the community, the best interests of minor children, community expectations, ties to Australia, and impediments to return.

In its reasoning, the Tribunal considered the best interests of the Applicant's minor daughter, who was an Australian citizen. Despite the Applicant's lengthy absence due to imprisonment and subsequent relocation to the Philippines, the Tribunal found that he had maintained a close relationship with his 15-year-old daughter through regular contact. The Tribunal noted that the daughter relied on the Applicant for emotional support and that he was likely to continue to play a positive role in her life, even with only three years remaining until she turned 18. This consideration weighed against the revocation of the visa cancellation.

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