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

The Administrative Appeals Tribunal considered the case of CGCM and the Minister for Immigration, Citizenship and Multicultural Affairs. The applicant, who held a global humanitarian visa, had that visa cancelled under section 501(3A) of the *Migration Act 1958* (Cth). Subsequently, the applicant applied for a protection visa and was found to be owed protection obligations. However, the applicant was deemed ineligible for a visa under sections 36(1C) and 36(2C) of the Act, leading to a refusal to grant the visa under section 501(1).

The central legal issues before the Tribunal were whether the applicant passed the character test, and if not, whether the discretionary power to refuse the visa should be exercised. The Tribunal was required to interpret and apply Ministerial Direction No. 90, which provides guidance on visa refusal and cancellation under section 501. This involved considering the primary considerations outlined in the Direction, including the protection of the Australian community, family violence, the best interests of minor children, and community expectations, as well as other considerations such as international non-refoulement obligations and the impact on victims.

The Tribunal found that the applicant did not pass the character test, as he had been sentenced to terms of imprisonment of 12 months or more on four separate occasions. However, after considering the primary and other considerations under Ministerial Direction No. 90, the Tribunal determined that the applicant's visa should not be refused. The Tribunal set aside the previous decision and substituted a new decision to grant the applicant's Protection (Class XA) visa.