Azizi and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for a skilled visa by the applicant, Dr Azizi, which was refused by the Minister for Immigration and Border Protection on character grounds. The applicant had a history of drug addiction, which led to the refusal. The applicant sought review of this decision.

The court was required to determine whether the applicant passed the character test as defined in section 501(6)(c) of the Migration Act 1958 (Cth), which considers a person's past and present criminal and general conduct. The court also had to consider whether, if the applicant did not pass the character test, the Minister should exercise discretion to affirm the decision, taking into account all relevant circumstances.

The court reasoned that while the applicant had a past history of drug addiction, this did not automatically mean he failed the character test. The court applied the principles from *Godley v The Minister for Immigration and Multicultural and Indigenous Affairs* (2004) 83 ALD 411, which states that "good character" refers to enduring moral qualities and that a person with past criminal conduct may nonetheless be reformed and of good character. The court considered extensive evidence of the applicant's rehabilitation, his successful re-employment as a general practitioner, his conversion to Christianity, and the sincere testimonials from his partner, religious leaders, and former patients. These factors demonstrated a significant change in his general conduct and a commitment to moral principles.

The Tribunal set aside the decision of the Minister and remitted the matter for reconsideration, finding that the applicant passed the character test under section 501 of the Migration Act 1958 (Cth).