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

This matter concerned an application by the Applicant to the Administrative Appeals Tribunal (the Tribunal) for review of the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision not to revoke the mandatory cancellation of the Applicant's Class TY Subclass 444 Special Category (Temporary) visa. The Applicant had failed to pass the character test, triggering the mandatory cancellation of their visa.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory cancellation of the Applicant's visa, as contemplated by the *Migration Act 1958* (Cth). In determining this, the Tribunal was required to consider and apply Ministerial Direction No 79, which outlines the framework for assessing such matters, including the weight to be given to various primary and other considerations.

The Tribunal's reasoning focused on Primary Consideration A, the protection of the Australian community. It noted that the Direction mandates that decision-makers consider the principle that the Government is committed to protecting the Australian community from harm and that Australians expect non-citizens to be law-abiding. The Tribunal examined the Applicant's criminal history, as detailed in various documents including court transcripts and criminal intelligence reports, to assess the nature and seriousness of their conduct and the risk to the community. Ultimately, the Tribunal concluded that it could not exercise the discretion to revoke the visa cancellation.

Consequently, the Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of the Applicant's visa.