2019 MOOT QF
	BRIEF FOR RESPONDENT

You are legal counsel for the Minister for Home Affairs.
The Minister contends that the cancellation of Judith Burrell’s visa should not be revoked as she has not passed the character test in s 501 of the Migration Act 1958 (Cth) (the Act). 
Judith concedes that she does not pass the character test, as she has a ‘substantial criminal record’ within the meaning of s 501(7)(c), as per s 501(6). She argues, however, that the Tribunal should exercise its discretion to set aside the delegate’s decision to not revoke the cancellation decision.
The relevant legislation is contained in s 501 of the Act. There is also a direction issued by the Minister (Ministerial Direction 79). This is a direction that binds decision-makers including the Administrative Appeals Tribunal (see s 499 of the Act).
At the hearing, Judith gave evidence which confirmed the evidence contained in the G Documents. Her partner, Rachel and other witnesses whose statements were before the Tribunal gave evidence confirming their witness statements. The Respondent cross-examined each of the Applicant’s witnesses. There was nothing to suggest that any of the witnesses were not credible.
The issue before the Tribunal is whether or not to exercise its discretion under s 501CA of the Act to set aside the delegate’s decision to not revoke the cancellation of Judith’s visa, taking into consideration and weighing up the factors outlined in Ministerial Direction 79.
You are tasked with presenting closing submissions to the Tribunal. You are to present arguments that the Tribunal should affirm the delegate’s decision. Your closing submissions must be supported by relevant provisions of the Act, Direction 79, any case law supporting your contentions and with reference to the G-documents. The issue of whether Judith passes the character test is not in issue. You should focus your submissions on whether there are any other reasons why the original decision should not be revoked.
Your closing submissions must be restricted to issues arising from the facts presented.
All characters and other events referenced in this scenario are fictional.