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

This matter concerned an appeal by a visa applicant against a decision by the Minister for Immigration, Citizenship and Multicultural Affairs. The core dispute revolved around whether the applicant passed the character test as defined by section 501(6)(d)(i) of the Migration Act 1958 (Cth), and the application of Ministerial Direction No. 99 in assessing this. The case was heard by McLean Williams M.

The legal issues before the Tribunal included determining the weight to be given to the applicant's ties to Australia, the best interests of minor children in Australia affected by the decision, and the expectations of the Australian community. Specifically, the Tribunal had to assess whether the applicant posed a risk of engaging in conduct specified in section 501(6)(d)(i) of the Act and how this, along with other considerations, should inform the exercise of discretion regarding the visa application.

The Tribunal reasoned that while the applicant had no direct ties to Australia, the impact on her Australian citizen daughter and two grandchildren weighed significantly in favour of granting the visa. The Tribunal found that the Minister's submission regarding the expectations of the Australian community was not applicable, as there was no evidence suggesting the applicant posed a risk of engaging in the specified conduct. Consequently, the character test was not enlivened. The Tribunal concluded that the best interests of the minor children weighed very heavily in favour of granting the visa, outweighing any theoretical weight that might attach to the community expectations consideration. The Tribunal set aside the original decision and substituted it with a decision to grant the visa.