Catchwords:

MIGRATION – where appellant’s visa was mandatorily cancelled under s 501(3A) of the Migration Act 1958 (Cth) after he was convicted of multiple offences – where Administrative Appeals Tribunal (the Tribunal) affirmed the departmental delegate’s non-revocation decision – whether Tribunal incorrectly applied the decision in HZCP v Minister for Immigration and Border Protection (2019) 273 FCR 121 – where the Tribunal indicated the appellant faced a ‘heavy onus’ when seeking to impugn the essential facts of the conviction other than the conviction upon which the cancellation was based – where different considerations apply when the other conviction was predicated on a guilty plea rather than a contested factual hearing – whether the appellant recanted or otherwise withdrew his challenge to the essential facts of his conviction on the second day of the hearing before the Tribunal – whether the Tribunal’s error was material – appeal upheld