Kaur and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse the Applicant a visa under subsection 501(1) of the *Migration Act 1958* (Cth). The refusal was based on the Applicant having a substantial criminal record and failing to pass the character test. The Applicant sought to argue that there was a reason why the visa should not be refused on character grounds, with the Tribunal considering Direction 99.

The primary legal issue before the Tribunal was whether the Applicant passed the character test, specifically whether there were compelling reasons not to refuse her visa application on character grounds, despite her criminal record. This required the Tribunal to assess the nature and seriousness of the Applicant's conduct, the risk to the Australian community, and other considerations outlined in Direction 99, such as the legal consequences of the decision, the extent of impediments if removed, and the impact on victims.

The Tribunal considered the Applicant's criminal history, which included multiple appearances for offences involving break and entry, theft, and possession of stolen goods, culminating in two Intensive Corrections Orders for aggravated break and enter offences. The Tribunal also noted the specific circumstances of a December 2021 offence where the Applicant and her husband were recorded on CCTV entering a victim's residence and leaving with stolen property valued at approximately $10,000, which also held significant sentimental value. While acknowledging the Applicant's personal difficulties, including drug use and the removal of her child, the Tribunal found that, on balance, the protection of the Australian community from criminal conduct outweighed these considerations.

Consequently, the Tribunal affirmed the delegate's decision to refuse the Applicant a Bridging E (Class WE) visa.