Lau and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by Mr Lau, a citizen of Hong Kong, who had been an unlawful non-citizen in Australia since March 2013. Mr Lau had been convicted in the District Court of Western Australia for possession of methylamphetamine with intent to sell or supply, and possession of unlawfully obtained property, for which he received a custodial sentence. The Minister for Immigration and Border Protection refused to grant Mr Lau a Bridging visa, a decision Mr Lau sought to have reviewed.

The primary legal issues before the court were whether Mr Lau passed the "character test" as defined in section 501(6) of the *Migration Act 1958* (Cth), and if not, whether the discretion to refuse the visa should be exercised in accordance with Ministerial Direction No. 65. The court was required to consider various factors, including the protection of the Australian community from criminal conduct, the best interests of Mr Lau's minor daughter, and the expectations of the Australian community.

The court found that Mr Lau did not pass the character test due to his substantial criminal record, specifically his 16-month prison sentence. In applying Ministerial Direction No. 65, the court considered the seriousness of Mr Lau's drug offences, noting his intention to sell or supply illegal substances. While acknowledging the best interests of Mr Lau's young daughter and the potential hardship to his wife, the court determined that these considerations did not outweigh the risk of Mr Lau re-offending. The court concluded that Mr Lau presented an unacceptable risk to the Australian community and that there were no sufficient countervailing considerations to warrant accepting any level of risk.

Consequently, the court affirmed the decision to refuse Mr Lau's application for a Bridging E visa under section 501(1) of the *Migration Act 1958* (Cth).