Dhamija Pty Ltd and Minister for Immigration and Border Protection (Migration)

Dhamija Pty Ltd, an employer sponsor, sought review of a decision by the Delegate of the Minister for Immigration and Border Protection to refuse a visa application for Daljeet Singh. Mr. Singh, who had previously worked for Dhamija Pty Ltd as a baker, had his visa application refused on character grounds due to a criminal conviction for dangerous driving occasioning death. Mr. Singh had been sentenced to an 18-month suspended prison sentence for this offence.

The Administrative Appeals Tribunal was required to determine whether the discretion under section 501(1) of the *Migration Act 1958* (Cth) to refuse a visa on character grounds should be exercised. This involved considering Ministerial Direction No. 65, which mandates consideration of the protection of the Australian community, the best interests of minor children, and the expectations of the Australian community. The Tribunal also had to assess the seriousness and nature of Mr. Singh's conduct, the risk of reoffending, and the impact of the decision on the victim's family.

The Tribunal reasoned that while Mr. Singh did not pass the character test due to his criminal record, the specific circumstances of his offence warranted a different approach. The sentencing judge had noted that Mr. Singh's conduct appeared to be an aberration in an otherwise pro-social lifestyle and that he had a supportive network of friends. The Tribunal found that the offence was not intentional or reckless but resulted from careless inattention, with dramatic consequences. Applying the principles of Ministerial Direction No. 65, the Tribunal concluded that the primary consideration of protecting the Australian community did not necessitate the refusal of the visa in this instance.

Consequently, the Tribunal set aside the delegate's decision and substituted it with a decision that the discretion under section 501(1) of the *Migration Act 1958* (Cth) to refuse Mr. Singh a Temporary Business Entry (Class UC) Visa should not be exercised.