Aljorani and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

The Administrative Appeals Tribunal considered the case of Aljorani and the Minister for Immigration, Citizenship and Multicultural Affairs concerning the cancellation of the applicant's visa under section 501(2) of the *Migration Act 1958* (Cth) due to the applicant failing to pass the character test, specifically by having a substantial criminal record.

The Tribunal was required to determine whether the applicant's conduct was serious enough to warrant visa cancellation, having regard to Ministerial Direction No. 90. This involved assessing the nature and seriousness of the applicant's past conduct, including any violent crimes, and the risk to the Australian community should the applicant engage in further criminal or serious conduct. The Tribunal also had to consider evidence of rehabilitation and the likelihood of reoffending.

In its reasoning, the Tribunal applied the principles outlined in Ministerial Direction No. 90, particularly focusing on the primary consideration of protecting the Australian community. The Tribunal found that the applicant had an extensive offending history in Australia, including convictions for common assault which involved violence and occurred in a domestic context, characterising this conduct as at least serious, and more likely very serious. The Tribunal noted that previous sentences had not deterred the applicant from reoffending, and that the applicant had committed further offences, including drug possession, even after being notified of the potential for visa cancellation. The Tribunal also considered the lack of contemporary psychological assessments or evidence of rehabilitative courses undertaken by the applicant.