GKKS and Minister for Home Affairs (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to refuse to grant the Applicant, a citizen of Kenya, a Bridging visa. The refusal was based on the Applicant failing to pass the character test, specifically under section 501(6)(d)(i) of the *Migration Act 1958* (Cth), due to charges of sexual intercourse without consent and assault with an act of indecency laid against him. The Applicant had previously been granted a Bridging visa while his Protection visa application was being processed, but this visa was cancelled following the laying of these charges.

The Tribunal was required to determine two issues: first, whether the Applicant failed the character test, and second, if he did, whether the discretion under section 501(1) of the Act should be exercised in his favour, considering the mandatory considerations in Ministerial Direction No. 65 and any other relevant factors. The primary evidence concerning the character test related to allegations of sexual assault made by a Ms X, whose police statement was considered by the Tribunal.

The Tribunal found that the Applicant did not fail the character test within the meaning of section 501(6)(d)(i) of the Act. This conclusion was reached after considering the evidence, including Ms X's statement and the Applicant's counsel's submissions regarding potential inferences from the signing of that statement. As a result of this finding, the Tribunal determined it did not need to consider Ministerial Direction No. 65. The Tribunal set aside the delegate's decision and remitted the matter to the Respondent for reconsideration of the Applicant's Bridging visa application, with the direction that the Applicant passes the character test.