ZJLB and Minister for Home Affairs (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs not to revoke the mandatory cancellation of ZJLB's (the Applicant) visa. The Applicant, a citizen of Egypt who had resided in Australia for over 13 years and held a permanent protection visa, sought to have the cancellation of his visa revoked. The mandatory cancellation was based on the Applicant having a substantial criminal record and failing to pass the character test.

The primary legal issue before the Tribunal was whether the discretion to revoke the mandatory cancellation of the Applicant's visa should be exercised. This required the Tribunal to consider the primary considerations outlined in the relevant Direction, specifically the protection of the Australian community, and other considerations, including the Applicant's non-refoulement obligations. The Tribunal had to assess the nature and seriousness of the Applicant's conduct, the risk to the Australian community, and the Applicant's personal circumstances and ties to Australia.

The Tribunal reasoned that while the Applicant's criminal conduct, which involved numerous counts of burglary and theft over a short period, was serious and committed while he was struggling with addiction, it was a significant period ago. The Applicant had received a stern warning from the sentencing judge and had been given an opportunity to address his issues. The Tribunal also considered the Applicant's long residence in Australia, his established ties, and the potential impact of his removal on his family, including his father who had also been granted protection in Australia. Crucially, the Tribunal found that the Applicant had not re-offended since that period and had made efforts to address his past issues.

Consequently, the Tribunal exercised its discretion to revoke the mandatory cancellation of the Applicant's visa. The Tribunal set aside the delegate's decision and substituted a decision that the cancellation of the Applicant's visa be revoked.