chambrier (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Chambrier, a non-citizen who sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a visa. The applicant had been convicted of a serious criminal offence in Australia and was therefore subject to the character provisions of the *Migration Act 1958* (Cth). The Minister's decision was based on the applicant's failure to satisfy the character requirement, as defined in section 501(6)(a) of the Act, due to the substantial risk that the applicant would engage in criminal conduct if allowed to remain in Australia.

The Tribunal was required to determine whether the applicant continued to satisfy the character requirement for a visa, specifically whether there was a substantial risk that the applicant would, if in Australia, engage in criminal conduct. This involved assessing the applicant's past criminal behaviour, the likelihood of recidivism, and any mitigating factors presented. The Tribunal also had to consider the Minister's discretion under section 501(3A) of the Act, which allows for refusal of a visa if the Minister is satisfied that the person does not pass the character test.

In its reasoning, the Tribunal acknowledged the seriousness of the applicant's criminal conviction. However, it also considered evidence of the applicant's rehabilitation efforts, including participation in programs and expressions of remorse. The Tribunal weighed these factors against the inherent risks associated with the applicant's past conduct. Ultimately, the Tribunal found that while the applicant's criminal history was significant, the evidence of rehabilitation and the passage of time since the offence meant that the risk of future criminal conduct was not substantial enough to warrant refusal of the visa under section 501(6)(a). The Tribunal therefore set aside the Minister's decision.