Furlong and Minister for Immigration and Border Protection (Migration)

This matter concerned an appeal by Mr Furlong against a decision by the Minister for Immigration and Border Protection to refuse him a skilled-nominated visa. The refusal was based on Mr Furlong failing to pass the character test. The Administrative Appeals Tribunal (AAT) was required to determine whether the refusal was justified.

The primary legal issues before the Tribunal were whether Mr Furlong engaged in "criminal" conduct, and if so, whether there was a risk of him engaging in further criminal conduct. The Tribunal also had to consider whether the discretion to refuse the visa should be exercised, having regard to the protection of the Australian community from criminal and other serious conduct, and the primary and other considerations outlined in Ministerial Direction No. 65.

The Tribunal found that while Mr Furlong's conduct might be considered "criminal" at the lower end of the spectrum, it did not present a significant risk of future criminal conduct. The Tribunal applied the principles of Ministerial Direction No. 65, weighing the factors relevant to the character test and the exercise of discretion. Ultimately, the Tribunal concluded that the decision to refuse the visa on character grounds was not justified.

The Tribunal set aside the decision under review and substituted it with a decision that the visa application should not be refused on character grounds.