Darnia-Wilson and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an appeal by the Applicant against the refusal of a visa by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The refusal was based on the Applicant failing the character test under subsection 501(1) of the *Migration Act 1958* (Cth), due to having a substantial criminal record as defined by paragraph 501(6)(c) of the Act, and the delegate's application of Direction No. 79.

The primary legal issue before the Tribunal was whether the Applicant satisfied the character test. This involved determining the significance of a criminal record from a foreign court and assessing evidence of character reform presented by the Applicant. The Tribunal was required to consider whether the Applicant's past conduct, primarily related to drug offences in the United States during the 1980s and 1990s, demonstrated a failure to pass the character test, or if subsequent evidence of rehabilitation and a changed lifestyle indicated that the Applicant now passed the test.

The Tribunal found that the Applicant had provided credible evidence of significant personal reform, including ceasing drug use, converting to Islam, and engaging in positive community activities such as personal training and life coaching. The Applicant's own statements detailed a realisation that his past criminal conduct, driven by drug addiction, was unsustainable, and he expressed a commitment to being a law-abiding citizen. The Tribunal accepted that the Applicant was no longer a drug user and was unlikely to re-engage in such activities or associate with criminals. While acknowledging past disregard for US drug laws, the Tribunal considered this to be a phase of his life now closed.

The Tribunal was satisfied that the Visa Applicant passed the character test. Consequently, the matter was remitted to the Department for further processing, effectively overturning the original visa refusal on character grounds.