Bouyer and Minister for Home Affairs (Migration)

The Administrative Appeals Tribunal reviewed the Minister for Home Affairs' decision to cancel Mr Bouyer's visa. Mr Bouyer, a New Zealand citizen who arrived in Australia in 2012, had his visa cancelled under section 501(2) of the *Migration Act 1958* due to having a substantial criminal record. This record included multiple convictions for aggravated assault against his former partner, persistent contraventions of intervention orders, and other offences, resulting in several terms of imprisonment totalling over 12 months.

The Tribunal was required to determine whether Mr Bouyer passed the character test, specifically whether his criminal record constituted a "substantial criminal record" as defined by the Act, and if the cancellation of his visa was justified. The Tribunal also had to consider the best interests of Mr Bouyer's child, who was under the guardianship of the Minister, and assess the risk to the Australian community posed by Mr Bouyer.

The Tribunal reasoned that Mr Bouyer clearly did not pass the character test, as he had been sentenced to multiple terms of imprisonment totalling more than 12 months, satisfying the definition of a substantial criminal record under section 501(7)(d) of the Act. In applying the Direction for the assessment of the character test, the Tribunal gave primary consideration to the protection of the Australian community. It noted the seriousness of Mr Bouyer's conduct, including multiple assaults on his former partner and breaches of intervention orders, and the fact that his child had been removed from his and his partner's care. The Tribunal found that Mr Bouyer posed an unacceptable risk to the community.

The Tribunal affirmed the decision to cancel Mr Bouyer's visa.