Hamana Hen and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application for review by Mr Hamana Hen, an Israeli citizen, against a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse him a partner visa. The refusal was based on Mr Hen failing to pass the character test under the *Migration Act 1958* (Cth), due to predominantly overseas offending. The Administrative Appeals Tribunal (AAT) heard the case.

The primary legal issue before the Tribunal was whether, despite Mr Hen failing the character test, the discretion under section 501(1) of the *Migration Act* should be exercised to grant the visa. This required the Tribunal to consider various factors, including the nature and duration of Mr Hen's ties to Australia, the best interests of his minor stepson, the risk of re-offending, and any rehabilitative steps taken.

The Tribunal reasoned that while Mr Hen had failed to declare his criminal history on previous occasions and had a history of domestic violence offences within marriages, the risk of re-offending in these areas was assessed as low to moderate. Crucially, the Tribunal found that the best interests of Mr Hen's minor stepson in Australia strongly supported granting the visa, as the relationship with Mr Hen had significantly improved the child's situation. The Tribunal also noted the loving and mutually supportive nature of Mr Hen's current marriage. Weighing these considerations, the Tribunal determined that the strength of ties to Australia and the best interests of the child were determinative.

Consequently, the Tribunal set aside the decision under review and substituted a new decision, finding that the discretion to refuse the visa should not be exercised. The Tribunal decided that the partner visa should be granted to Mr Hamana Hen.