DTFQ and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for review of a decision to refuse to grant a Bridging Visa to DTFQ, a non-citizen. The Minister for Immigration and Border Protection had refused the visa on character grounds, citing DTFQ's criminal conduct. The Administrative Appeals Tribunal (AAT) heard evidence from DTFQ, his wife (P), and one of his stepsons, all with the assistance of an interpreter.

The AAT was required to determine whether DTFQ passed the character test, specifically whether there was a risk that he would engage in further criminal conduct if allowed to remain in Australia. This involved assessing the nature and seriousness of his past conduct, including eight reported incidents involving police between February 2015 and January 2017, which encompassed verbal abuse, breaches of Intervention Orders (IVOs), and threats to kill. The Tribunal also had to consider the risk to the Australian community, particularly DTFQ's wife, and whether any discretionary powers to grant the visa should be exercised.

The Tribunal found that DTFQ's conduct, which included domestic violence and repeated breaches of IVOs while affected by alcohol, was serious and posed an unacceptable risk to the Australian community, particularly his wife. The Tribunal preferred the evidence from police reports and court records over DTFQ's own account, noting inconsistencies and a lack of forthrightness in his testimony. Despite acknowledging potential difficulties for DTFQ and his wife if returned to their country of origin, the Tribunal concluded that the primary considerations of protecting the Australian community and community expectations weighed heavily in favour of refusing the visa application due to the repetitive nature of his offending and his failure to abide by court orders.