FCZT and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application for a protection visa by FCZT, whose Global Humanitarian visa had been cancelled on character grounds. The applicant did not pass the character test due to serious offending. The central dispute was whether there was another reason to decline to exercise the discretion to refuse the visa application, particularly in light of Ministerial Direction No. 99. The case was heard by Rebecca Bellamy SM.

The legal issues before the court were whether the applicant's serious offending, which was contributed to by serious mental illness, constituted another reason to grant the visa despite failing the character test. The court was required to consider the weight to be given to various considerations under paragraph 7 of the relevant provisions, and how these considerations interacted, particularly in the context of Ministerial Direction No. 99 and the applicant's mental health condition.

The court reasoned that the applicant had suffered significant trauma, including bullying and sexual assault at school, which contributed to his later offending. It was established that the applicant was suffering from undiagnosed schizophrenia at the time of the offences, aggravated by cannabis use, which impaired his ability to control impulses and consider consequences. Despite the seriousness of the offending, the court found that there was no present threat to the community and noted the applicant's improved insight into his mental health and willingness to accept treatment. Applying the principles from Ministerial Direction No. 99, the court determined that the applicant's circumstances constituted another reason to grant the visa.

Consequently, the decision under review was set aside, and the Tribunal declined to exercise its discretion to refuse to grant the visa.