Djafari and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for review of a decision to refuse a visa to the applicant, who had failed to pass the character test due to a substantial criminal record. The dispute centred on whether the discretion under section 501(1) of the *Migration Act 1958* (Cth) should be exercised to refuse the visa, despite the applicant not meeting the character requirements. The review was heard by Professor R Deutsch, Deputy President.

The primary legal issues before the Tribunal were whether the primary considerations outlined in Ministerial Direction No. 65, specifically the protection of the Australian community from criminal or other serious conduct and the expectations of the Australian community, weighed in favour of refusing the visa. The Tribunal was required to assess the seriousness of the applicant's past conduct and the risk of future offending, as well as consider the broader community expectations regarding non-citizens who commit serious crimes.

The Tribunal reasoned that the applicant's admitted serious offences, involving dishonesty, fraud, and financial deception, were significant. The imposition of a custodial sentence of one year imprisonment, with a non-parole period of six months, underscored the gravity of these offences. The Tribunal found no credible evidence to support the applicant's assertion that a third party had coerced her into criminal activity. Applying Direction 65, the Tribunal concluded that the seriousness of the applicant's conduct and the potential risk to the community outweighed other considerations, and that granting the visa would not be consistent with the expectations of the Australian community.

The Tribunal affirmed the decision to refuse the visa.