Intesir and Minister for Immigration and Border Protection (Migration)

This matter concerned an appeal by Mr Intesir against a decision by the Minister for Immigration and Border Protection to refuse his application for a Bridging visa. The refusal was based on Mr Intesir failing to pass the character test, due to multiple convictions relating to driving offences. The Administrative Appeals Tribunal was required to determine whether Mr Intesir passed the character test and, if not, whether the discretion to refuse his visa application should be exercised.

The Tribunal considered Mr Intesir's extensive criminal record, which spanned over 11 years and included numerous offences of driving with a prescribed concentration of alcohol, driving whilst unlicensed, driving while disqualified, and offences involving dishonesty related to his driver's licence. These convictions resulted in various penalties, including community service orders, periodic detention, and imprisonment. The Tribunal noted that Mr Intesir's offending demonstrated a "contemptuous disregard for the laws of this country."

In reaching its decision, the Tribunal applied the principles outlined in Direction No. 65, which guides the exercise of the Minister's discretion under section 501 of the Migration Act. While acknowledging a report from a clinical psychologist indicating Mr Intesir's regret and willingness to address his past behaviours, the Tribunal found that the seriousness and persistence of his offending, particularly the repeated instances of driving while disqualified and driving under the influence, weighed heavily against him. The Tribunal concluded that the discretion to refuse the visa application should be exercised.

Consequently, the Tribunal affirmed the decision of the Minister to refuse Mr Intesir's application for a Bridging (Class WE) visa.