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

This matter concerned an application for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant, a 37-year-old man who arrived in Australia at age 16, had been convicted of money laundering and possession of stolen property, resulting in a total effective sentence of seven years imprisonment. The visa was mandatorily cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to his substantial criminal record and imprisonment. The Administrative Appeals Tribunal (the Tribunal) was asked to determine whether the applicant passed the character test or if there was another reason to revoke the cancellation decision.

The Tribunal was required to consider whether the applicant passed the character test, as defined by section 501(6) of the *Migration Act*, and if not, whether there was another reason to revoke the visa cancellation decision. In making this determination, the Tribunal was guided by Direction No 90, which outlines primary and other considerations relevant to such decisions. These considerations included the protection of the Australian community, the nature and seriousness of the criminal offending, the risk to the community if further offences were committed, the best interests of any minor children in Australia, the expectations of the Australian community, and the strength, nature, and duration of the applicant's ties to Australia.

The Tribunal reasoned that the applicant's criminal offending was serious and posed a risk to the Australian community. While acknowledging the applicant's long ties to Australia, his Australian-citizen children, and the potential impediments to his return to China, the Tribunal found that these factors were outweighed by the seriousness of his criminal conduct and the need to protect the community. The Tribunal concluded that the correct and preferable decision was to affirm the delegate's decision not to revoke the visa cancellation.