Dayoub and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for review of the Minister for Immigration and Border Protection's decision to refuse Mr Slaimen Dayoub's partner visa application on character grounds, pursuant to section 501(1) of the *Migration Act 1958* (Cth). Mr Dayoub, who had arrived in Australia at the age of 19, had a history of relationships that had resulted in domestic violence charges. At the time of the review, he was engaged to Ms C, with whom he had a stable relationship and intended to have children. Ms C and Mr Dayoub's uncle provided affidavits attesting to his good character and employment prospects.

The Administrative Appeals Tribunal was required to determine whether the discretion under section 501(1) of the *Migration Act 1958* (Cth) should be exercised to refuse Mr Dayoub's visa application. This involved balancing the protection of the Australian community against the best interests of any minor children and other relevant considerations, as outlined in Direction 65. The Tribunal considered factors including international non-refoulement obligations, the impact on family members in Australia, the impact on victims of past conduct, and Australian business interests.

The Tribunal reasoned that while Mr Dayoub could technically return to Lebanon, his established life and relationships in Australia, including his engagement and employment, weighed in his favour. The Tribunal found that the impact on his Australian family members, including his fiancé and uncle, was significant. Furthermore, the Tribunal did not consider that there would be an adverse impact on victims if Mr Dayoub remained in Australia. Weighing these primary and other considerations, the Tribunal concluded that the discretion to refuse the visa should not be exercised.

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