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

The Administrative Appeals Tribunal considered the case of Mr. Khalil, an Egyptian citizen, and the Minister for Immigration, Citizenship, and Multicultural Affairs. Mr. Khalil sought review of a decision to refuse his Partner (Temporary) (Class UK) visa application. The refusal was based on Mr. Khalil failing to satisfy the 'good character' requirement due to his substantial criminal record.

The Tribunal was required to determine whether to exercise the discretion under section 501(1) of the *Migration Act 1958* (Cth) to refuse to grant the visa, despite Mr. Khalil's application for a Partner visa sponsored by an Australian citizen. This involved assessing whether the negative factors, particularly his criminal history and associated conduct, outweighed any positive considerations, such as the best interests of his minor children in Australia. The Tribunal also considered Mr. Khalil's personal circumstances, including his history in Australia, his family ties in Egypt, and any potential impediments to his return.

The Tribunal reasoned that Mr. Khalil's extensive criminal history, which included convictions for driving without authority, creating a false belief, unlawful assault occasioning bodily harm with circumstances of aggravation, and possessing prohibited drugs with intent to sell or supply, weighed heavily against granting the visa. It noted that a significant portion of his 15 years in Australia had been spent in prison or immigration detention. While acknowledging the best interests of his minor children as a primary consideration, the Tribunal found that this, along with other countervailing factors, was outweighed by the protection of the Australian community, the seriousness of family violence committed by Mr. Khalil, and the expectations of the Australian community regarding good character. The Tribunal applied the principles outlined in Direction No. 90, which guides the exercise of discretion in such cases.

Consequently, the Tribunal affirmed the reviewable decision to refuse Mr. Khalil's visa application, finding that the discretion under section 501(1) of the Act should be exercised to refuse the visa.