BUMRUNGROS and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a visa to the Applicant on character grounds. The Applicant had pleaded guilty to two offences. The dispute centred on whether the Applicant met the character test as defined in section 501(6)(d)(i) of the *Migration Act 1958* (Cth), which requires a risk assessment of whether the Applicant would engage in criminal conduct. The review was heard by Mr Rob Reitano, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was a "more than minimal or remote chance" that the Applicant would engage in criminal conduct, as stipulated by Direction 90. This required the Tribunal to consider the Applicant's criminal offending, her assertions of alternative facts to those presented in the criminal proceedings, and whether these alternative facts could be considered in determining her character. The Tribunal was tasked with assessing the Applicant's overall character in light of her past actions and her explanation for them.

The Tribunal reasoned that while the Applicant had pleaded guilty to offences, it preferred the Applicant's version of events to those presented in the criminal proceedings. The Tribunal found that the Applicant's explanation for lending money, which ultimately funded gambling rather than medical expenses as she was led to believe, was not implausible, despite its unusual nature. The Tribunal concluded that, based on the Applicant's version of events and her lack of prior criminal history, her personal circumstances, and her engagement in community activities, she passed the character test under section 501(6)(d)(i) of the Act. Consequently, the condition for refusing her visa under section 501(1) was not met.

The Tribunal set aside the delegate's decision to refuse the visa and substituted it with a decision not to refuse the Applicant a Student (Temporary) (Class TU) Visa.