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

This matter concerned an appeal by Mr Zhang against the decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to revoke the mandatory cancellation of his Class BB Return (Residence) Subclass 155 visa. The visa had been cancelled under section 501(3A) of the *Migration Act 1958* (Cth) on the basis that Mr Zhang did not pass the character test due to having a substantial criminal record. The Administrative Appeals Tribunal (AAT) affirmed the delegate's decision to refuse to revoke the cancellation. Mr Zhang then sought judicial review of the AAT's decision in the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were whether the AAT had erred in its application of Ministerial Direction No. 90, specifically concerning the weight given to various considerations, and whether the AAT had failed to adequately consider Mr Zhang's submissions regarding the best interests of his minor children and potential breaches of Australian international treaty obligations. The Court was required to determine if the AAT had properly balanced the protection of the Australian community against Mr Zhang's personal circumstances and his links to Australia.

The Court found that the AAT had not erred in its application of Ministerial Direction No. 90. It held that the AAT had correctly identified and applied the primary considerations, including the seriousness of Mr Zhang's offending, the risk to the Australian community, and the best interests of his minor children. The AAT had also considered other relevant factors, such as the impediments Mr Zhang would face if removed from Australia and his community ties. The Court concluded that the AAT had engaged in a comprehensive assessment of all relevant considerations and had not made any jurisdictional error in its reasoning or in its application of the law.

The application for judicial review was dismissed.