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

This matter concerned an appeal by Mr. Zhang against the mandatory cancellation of his visa by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute arose from Mr. Zhang's conviction for arranging the supply of a prohibited drug of not less than a large commercial quantity. The Administrative Appeals Tribunal was required to determine whether to revoke this mandatory cancellation.

The primary legal issues before the Tribunal were to assess the seriousness of Mr. Zhang's offending conduct, the risk of him re-offending and posing a threat to the Australian community, and to balance these considerations against other factors, including the best interests of his minor child and his ties to Australia. The Tribunal also had to consider the expectations of the Australian community regarding the protection of its members from criminal activity.

The Tribunal reasoned that while Mr. Zhang's conduct was very serious, the risk of him re-offending was low due to his increasing maturity and the strong support network available to him, particularly from his mother. The Tribunal found that the best interests of Mr. Zhang's younger half-brother, and the impact his deportation would have on his mother, outweighed the considerations favouring the cancellation of his visa. Consequently, the Tribunal set aside the Minister's decision and substituted it with a decision to revoke the visa cancellation.