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

The applicant, KKFD, sought judicial review of a decision by the Minister for Immigration, Citizenship, and Multicultural Affairs to refuse to grant a visa on character grounds. The Administrative Appeals Tribunal had affirmed the Minister's decision. The matter came before Deputy President B W Rayment Oam Qc.

The primary legal issues before the court were whether the applicant passed the character test, specifically concerning the risk of engaging in criminal conduct, and whether the Tribunal had erred in its consideration of Direction No. 90. The court also considered whether the Tribunal could look behind the facts of an offence where the applicant's conviction had been quashed, and whether the applicant was owed protection obligations. The applicant's links to the Australian community through church and support groups were also relevant.

Deputy President Rayment found that the Tribunal had erred in its assessment of the risk of reoffending, particularly in light of the quashed conviction and the applicant's demonstrated rehabilitation and community ties. The court applied the principles of administrative law, including the proper application of Direction No. 90, which requires a holistic assessment of character. The court determined that the Tribunal had failed to give sufficient weight to the applicant's low risk of reoffending and the fact that the underlying conviction was no longer valid.

The decision of the Tribunal was set aside, and the matter was remitted to the Tribunal for redetermination according to law.