Campbell and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration and Border Protection to refuse Mr Colin Graham Campbell, a citizen of the United Kingdom, a New Zealand Citizen Family Relationship (Temporary) (Class UP) visa. The applicant had entered Australia in January 2013 and had remained in the country since that time. The delegate's decision to refuse the visa was based on the applicant not passing the character test, specifically under s 501(1) of the *Migration Act 1958* (Cth), due to a substantial criminal record and the risk the applicant posed to the Australian community.

The Tribunal was required to determine whether the applicant passed the character test as defined in the Act, and if not, whether to exercise the discretion under s 501(1) to refuse the visa. This involved considering the nature and seriousness of the applicant's conduct, the risk to the Australian community, and other relevant considerations as outlined in Direction 65, including the impact on family members. The delegate had found the applicant had a substantial criminal record, having been sentenced to terms of imprisonment totalling 12 months or more, and that the applicant represented an unacceptable risk to the community.

In its reasoning, the Tribunal found that the applicant's conduct caused him to fail the character test under s 501(6)(c) of the Act, which is considered serious conduct under paragraph 11.1.1(d) of Direction 65. This conclusion was based on 23 incidents of intervention by lawful authority between 1996 and 2008, demonstrating a trend of increasing seriousness from regulatory non-compliance to tax evasion and failure to comply with sentencing orders. The Tribunal considered this offending to be frequent and of increasing seriousness, noting that the tax evasion offences alone resulted in a sentence of home detention, community work, and reparations.

Ultimately, the Tribunal affirmed the delegate's decision to refuse the visa. The Tribunal concluded that primary considerations relating to the protection of the Australian community weighed strongly in favour of refusal. While acknowledging the impact on family members as an "other consideration," the Tribunal found that this did not outweigh the factors favouring refusal.