Ashraf and Minister for Immigration and Border Protection (Migration)

This matter concerned an appeal by Mr. Ashraf against a decision by the Minister for Immigration and Border Protection to refuse his Partner Visa. The Administrative Appeals Tribunal was required to consider whether Mr. Ashraf met the character test under section 501(6)(d)(1) of the Migration Act 1958 (Cth), which involves assessing the risk that he would engage in criminal conduct if permitted to remain in Australia. The Tribunal's assessment was informed by Mr. Ashraf's history of providing false information on multiple visa applications and his criminal convictions since arriving in Australia.

The primary legal issue before the Tribunal was whether Mr. Ashraf passed the character test. This required the Tribunal to determine if there was a risk that he would engage in criminal conduct, drawing on case law that defines "good character" in the context of migration law. The Tribunal considered the principles that persons with a history of criminal conduct or a significant risk of future criminal behaviour should not be permitted to remain in Australia, while also acknowledging that circumstances suggesting a person of otherwise bad character should be allowed to remain are relevant. The Tribunal also had regard to the Direction under section 501(2) of the Migration Act, which mandates that primary considerations generally be given more weight than other considerations.

In reaching its decision, the Tribunal found that Mr. Ashraf had intentionally failed to declare criminal charges and convictions on his Student Visa and Partner Visa applications. It also noted that false information had been provided to the Department by Mr. Ashraf's lawyer, which Mr. Ashraf admitted to lying about. While the Tribunal heard evidence from Mr. Ashraf and his family suggesting he was a changed man due to his marriage and new responsibilities, it found his oral evidence regarding his misconduct to be contradictory. Applying the principles from cases such as *Akpata v Minister for Immigration & Multicultural & Indigenous Affairs* and *Goldie v Minister for Immigration and Multicultural Affairs*, the Tribunal concluded that the need to protect the Australian community from Mr. Ashraf's criminal and immigration misconduct, and the expectations of the Australian community, outweighed other considerations.

Consequently, the Tribunal found that Mr. Ashraf did not meet the character test and affirmed the decision to refuse his Partner Visa.