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

This matter concerned an application for a Bridging E (Class WE) visa by an Iranian citizen who had resided in Australia since 2013, primarily on bridging visas. The Minister for Immigration, Citizenship and Multicultural Affairs had refused to grant the visa under section 501(1) of the *Migration Act 1958* on character grounds, due to the applicant possessing a substantial criminal record. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to exercise the statutory discretion to refuse the applicant's bridging visa application, considering the applicant did not satisfy the character test. This involved weighing various factors, including the seriousness of the applicant's past offending, which included dishonesty and theft offences linked to drug dependence, and a single instance of family violence. The Tribunal was required to consider the expectations of the Australian community, the applicant's current circumstances including being drug-free with a low risk of reoffending, his ties to the Australian community through his partner and child, and the prospect of indefinite detention.

The Tribunal reasoned that while the applicant's past conduct was serious and presented a risk, several factors weighed in favour of not refusing the visa. These included the interests of his Australian child, who had been negatively impacted by his drug misuse and subsequent incarceration, and the applicant's current evidence of genuine Christian beliefs. The Tribunal also noted the prolonged period the applicant had spent in Australia under ministerial control and the uncertainty surrounding the timeframe for a decision on his request for ministerial intervention. Balancing these considerations, the Tribunal concluded that the preferable decision was not to refuse the bridging visa application on character grounds.

Consequently, the Tribunal set aside the decision under review and substituted a decision that the applicant's application for a Bridging E visa not be refused under section 501(1) of the *Migration Act 1958*.