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

The applicant, Mr. Zyambo, sought judicial review of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision to affirm the mandatory cancellation of his permanent visa. The cancellation was based on Mr. Zyambo failing to pass the character test. The core of the dispute revolved around whether there was another reason to revoke this mandatory cancellation, particularly in light of Ministerial Direction No. 79.

The court was required to determine whether the decision-maker had properly considered all relevant factors under Ministerial Direction No. 79 when assessing whether to revoke the mandatory visa cancellation. Specifically, the court needed to examine how the decision-maker weighed the primary consideration of protecting the Australian community from harm against other factors, such as the applicant's background and offending history, in deciding whether to exercise the discretion to revoke the cancellation.

The court affirmed the decision-maker's conclusion that the mandatory cancellation of Mr. Zyambo's visa should not be revoked. The reasoning focused on the application of Ministerial Direction No. 79, particularly Primary Consideration A concerning the protection of the Australian community. The court found that the nature and seriousness of the applicant's conduct, including the risk of future offending, were significant factors that weighed against revocation. The court noted that remaining in Australia is a privilege, and the government is committed to protecting the community from harm caused by non-citizens. The court concluded that it could not exercise the discretion to revoke the cancellation.