GXNY and Minister for Immigration and Border Protection (Migration)

The applicant, GXNY, sought judicial review of a decision by the Minister for Immigration and Border Protection concerning their application for a protection visa. The core of the dispute revolved around GXNY's failure to pass the character test, specifically due to a prior conviction for possessing a traffickable quantity of cannabis leaf. The matter was heard by Deputy President B W Rayment.

The primary legal issue before the court was whether there was a risk that the applicant would engage in criminal conduct in Australia, which would necessitate refusal of the visa under the character provisions of the *Migration Act 1958* (Cth). This required an assessment of the applicant's past behaviour and its predictive value for future conduct in the Australian context.

Deputy President Rayment concluded that there was no sufficient risk of the applicant engaging in criminal conduct in Australia. Applying the principles of the character test under section 501(6)(d)(i) of the *Migration Act*, the Deputy President found that the applicant satisfied the test. Consequently, the decision under review was set aside and substituted with a decision that the applicant passes the character test. This rendered it unnecessary to consider the exercise of discretion to refuse the visa application under section 501(1) of the Act.