Kayo Rerekura v Minister for Home Affairs (Migration)

The Administrative Appeals Tribunal considered the case of Kayo Rerekura and the Minister for Home Affairs concerning an application for a Bridging visa. The applicant, a New Zealand citizen, had his Special Category visa cancelled following charges of damaging property and threats to kill. Subsequently, his application for a Bridging visa was refused by a delegate of the Minister on character grounds. The applicant sought review of this refusal in the Tribunal.

The primary legal issue before the Tribunal was whether the applicant passed the character test under section 501 of the *Migration Act 1958* (Cth). This involved determining if the Tribunal was satisfied, on the balance of probabilities, that the applicant would not engage in conduct specified in subsections 501(6)(d)(i) and 501(6)(d)(ii) of the Act, which relate to engaging in criminal conduct or harassing, molesting, intimidating, or stalking another person. The Minister contended that the applicant’s past conduct, including convictions and outstanding charges, indicated a risk of future engagement in such behaviour.

The Tribunal reasoned that while the applicant had engaged in concerning conduct, including a domestic dispute involving threats and possession of a firearm, it was not satisfied on the balance of probabilities that there was more than a minimal or remote chance of the applicant engaging in the conduct described in sections 501(6)(d)(i) and 501(6)(d)(ii). The Tribunal noted that a significant charge arising from the May 2018 incident had been discontinued by the State. Consequently, the Tribunal found that the applicant satisfied the character test.

The Tribunal set aside the delegate's decision to refuse the Bridging E visa and remitted the matter to the Minister for reconsideration, with a direction that the applicant passes the character test.