Hettiarachchi and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an appeal by the Applicant against the refusal to grant a Skilled Regional visa. The core dispute revolved around whether the Applicant met the character requirements for the visa, as assessed against Ministerial Direction No. 90. The Tribunal was required to determine if the Applicant passed the character test and, if not, whether the discretion to refuse the visa should be exercised, considering various factors outlined in the Direction.

The legal issues before the Tribunal were twofold: first, whether the Applicant satisfied the character test as defined by the *Migration Act 1958* (Cth), specifically subsections 501(6) and 501(7)(c); and second, if the Applicant failed the character test, whether the discretion to refuse the Skilled Regional visa should be exercised, or if there was another reason to revoke the original decision. This required an assessment of the primary considerations under Ministerial Direction No. 90, including the protection of the Australian community from criminal or other serious conduct, and the expectations of the Australian community.

The Tribunal's reasoning focused on the Applicant's extensive history of offending and disregard for Australian law, which included numerous traffic infringements, a conviction for assault occasioning actual bodily harm, driving under the influence of alcohol, and a serious incident involving a collision, fleeing the scene, and resisting police. The Tribunal found that this pattern of conduct demonstrated a significant risk to the Australian community and weighed heavily against granting the visa. While acknowledging other considerations such as ties to Australia, the Tribunal concluded that these factors were minimal in comparison to the seriousness of the Applicant's conduct and the imperative to protect the community. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.