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

This matter concerned an application for review of a decision to refuse a bridging visa made by the applicant, FVGP, a citizen of Iran. The applicant sought review of this refusal by the Migration and Refugee Division of the Administrative Appeals Tribunal. Prior to the hearing, the applicant was informed that an officer of the Minister's department would not refer his case for possible ministerial intervention. The Tribunal was therefore required to consider whether there was any utility in proceeding with the hearing, particularly in light of a High Court decision concerning the power of officers to filter matters for ministerial consideration.

The legal issues before the Tribunal included whether the applicant satisfied the character test and, if not, whether discretion should be exercised to refuse the visa. The applicant did not satisfy the character test due to family violence-related offending. The Tribunal was required to consider ministerial Direction No. 99, which outlines primary and other considerations, including the applicant's inability to be involuntarily repatriated and the prospects of prolonged detention. The Tribunal also considered the applicant's claimed conversion to Christianity and rejection of Islam, and the strength and duration of his ties to Australia.

The Tribunal found that while the applicant had been baptised into the Christian church, it was not evident that he held strongly to any theological beliefs. The Tribunal accepted that this conversion would be viewed negatively by Iranian authorities, but this primary consideration weighed against granting the visa, though not heavily, due to the applicant's lack of familial ties in Australia. The Tribunal also considered the best interests of any minor children affected by the decision, noting that while a letter from an older child of the applicant's ex-partner expressed positive feelings, that child would now be an adult and the applicant had no contact with them since 2018. This consideration was found to weigh neutrally. The Tribunal further considered the expectations of the Australian community regarding non-citizens obeying laws, particularly in relation to family violence and serious crimes, noting that these expectations are deemed by the executive government rather than being a matter for the decision-maker's personal assessment.

Ultimately, the decision under review was set aside.