Zhou and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by the Applicant, a citizen of China, to the Administrative Appeals Tribunal (Cth) for review of the mandatory cancellation of her visa. The Applicant had married an Australian citizen and arrived in Australia in 2009. Her visa was subject to mandatory cancellation due to her failure to pass the character test, stemming from convictions for possessing unregistered firearms and intentionally importing prohibited goods. The central issue before the Tribunal was whether there was "another reason" why the original decision to cancel the visa should be revoked.

The Tribunal was required to determine if any compelling circumstances existed that warranted the revocation of the mandatory visa cancellation. This involved considering various factors, including the protection of the Australian community, the best interests of the Applicant's minor grandchildren residing in Australia, and the expectations of the Australian community. The Tribunal also had to assess the nature and seriousness of the Applicant's criminal conduct and the potential risk she posed to the community.

In its reasoning, the Tribunal acknowledged the principle of protecting the Australian community from harm by non-citizens and that remaining in Australia is a privilege contingent on law-abiding behaviour. The Applicant's criminal conduct involved joint commission with her spouse in possessing and importing a significant quantity of prohibited weapons and stun devices, with items found in their shared residence and a van. The Tribunal found that the protection of the Australian community weighed heavily against revoking the visa cancellation. While the Tribunal accepted the Applicant was a caring grandmother to two young grandchildren and had assisted with their care, it concluded that this factor, along with the Applicant's limited English, did not outweigh the public interest in community safety. The Tribunal affirmed the decision to cancel the Applicant's visa.