MIGRATION - Migration Act 1958 (Cth), ss 501(3A), 501CA - where a visa holder failed the character test on the basis of having a substantial criminal record - where the Minister mandatorily cancelled the applicant's visa under s 501(3A) - where the applicant requested the Minister revoke the original mandatory cancellation under s 501CA - where the Minister decided not to revoke the original cancellation - whether the Minister's decision was legally unreasonable for having failed to consider the risk to the Australian community posed by the applicant - the Minister considered the risk posed free of legal unreasonableness - whether the Minister erred, fettering her discretion through imposing an impossible standard: that of being unable to "rule out the possibility of further offending" by the applicant - no basis for concluding that a different result could not have been reached if the applicant's offending had been less serious, even if further offending could not have been ruled out - whether the Minister erred by failing to take into account the applicant's custodial status upon release from prison - the Minister did consider the applicant's custodial status - whether the Minister erred by failing to take into account the prospect that the applicant would be subject to indefinite detention upon the cancellation of his visa - the Minister was not required to consider the prospect of the applicant's indefinite detention as the applicant remained entitled to apply for a protection visa - appeal dismissed
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