Chander and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for review by Mr Chander of a decision to refuse him a visa on character grounds. The Minister for Immigration and Border Protection was the respondent. The Administrative Appeals Tribunal was required to determine whether the discretion to refuse Mr Chander's visa under section 501(1) of the *Migration Act 1958* (Cth) should be exercised.

The Tribunal was tasked with considering the legal issues arising from Mr Chander's criminal record and its implications for the character test under section 501(6) of the Act. Specifically, the Tribunal had to assess the risk to the Australian community should Mr Chander engage in further criminal conduct, as contemplated by section 501(6)(d), and whether such a risk was acceptable. This assessment was to be guided by Direction No. 65, which outlines the principles for decision-makers when exercising the discretion under section 501.

The Tribunal reasoned that while Mr Chander's past offences, including robbery and possession of an imitation firearm, were serious and would likely be classified as offences in Australia, the significant passage of time since these offences (nearly two decades) and his subsequent conduct were critical factors. The Tribunal noted that Mr Chander had not committed any offences in Australia and had been employed for most of his adult life, apart from periods of detention. Evidence of rehabilitation through vocational courses undertaken in prison and youth detention was also considered. Weighing the seriousness of past conduct against the low likelihood of reoffending due to the time elapsed and demonstrated rehabilitation, the Tribunal concluded that the discretion to refuse the visa should not be exercised.

Consequently, the Tribunal set aside the original decision and substituted a decision that the discretion under section 501(1) of the *Migration Act 1958* should not be exercised to refuse Mr Chander's visa.