LQVM and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for review by LQVM of a decision to refuse her a protection visa on character grounds. The Minister for Immigration and Border Protection was the respondent. The Administrative Appeals Tribunal (AAT) was the court that heard the application.

The primary legal issue before the Tribunal was whether the discretion to refuse LQVM's visa under section 501(1) of the *Migration Act 1958* (Cth) should be exercised, given that she had a substantial criminal record for drug cultivation and trafficking offences. This required the Tribunal to consider the principles outlined in Direction 65, including the protection of the Australian community, the best interests of minor children, and the expectations of the Australian community.

The Tribunal reasoned that while LQVM's offences were serious, evidenced by her conviction and sentence of 4 years and 3 months imprisonment, there was a low risk of her reoffending. This conclusion was based on various reports and assessments indicating she was a low risk, had been a model prisoner, had not tested positive for drug use, and had been granted parole. The Tribunal also considered the best interests of her minor grand-daughter in Australia. Applying these considerations, the Tribunal determined that the discretion to refuse the visa should not be exercised.

Consequently, the Tribunal set aside the original decision and substituted a decision that the discretion under section 501(1) of the *Migration Act 1958* should not be exercised to refuse LQVM's visa on character grounds.