Hodgson-Te Tau and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This case concerned the application of the character test under the *Migration Act 1958* (Cth) to a New Zealand citizen who had been charged with several offences, including aggravated assault and property damage. The applicant, who had arrived in Australia in 2008, faced charges stemming from incidents in May and June 2019. Following these charges, his Special Category (subclass 444) visa was cancelled. The applicant sought review of this decision before the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant passed the character test as defined in section 501(6) of the Act, and if not, whether the discretion to grant a visa should be exercised under section 501(1). The Tribunal was required to assess if there was a risk that the applicant would engage in criminal conduct, a standard interpreted as being "more than a minimal or remote chance." This assessment involved considering the applicant's past behaviour in light of the specific circumstances and the potential for future offending.

The Tribunal considered the applicant's personal history, including his early life challenges and his subsequent engagement in employment and a desire to pursue further education. Crucially, the Tribunal noted the applicant's compliance with bail and intervention order conditions since the alleged offences and his assurances of rehabilitation. The Tribunal found that the evidence did not establish a risk that the applicant would engage in criminal conduct to the standard required by section 501(6)(d)(i) of the Act.

Consequently, the Tribunal set aside the delegate's decision to refuse to grant the applicant a Bridging E (Class WE) visa. In substitution, the Tribunal decided not to refuse to grant the visa, effectively allowing the applicant to remain in Australia under that visa class.