LRPB and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration and Border Protection to refuse a Bridging (Class WE) visa. The applicant, a citizen of Iran, had entered Australia as an unauthorised maritime arrival and accumulated a history of offending. The refusal was based on the applicant failing to pass the character test under section 501(6) of the *Migration Act 1958* (Cth), specifically subsections 501(6)(a) and 501(7)(c).

The Tribunal was required to determine two primary issues: first, whether the applicant passed the character test as defined in section 501(6) of the Act; and second, if he did not pass the character test, whether the discretion under section 501(1) of the Act should be exercised to refuse the visa. In assessing the character test, the Tribunal considered the nature and seriousness of the applicant's conduct, including violent offences against his wife and property offences against vulnerable citizens, as well as his disregard for lawful authority. The Tribunal also considered the sentences imposed by the courts.

The Tribunal found that the applicant did not pass the character test, noting that section 501(7)(c) relates to the sentence imposed, not the time actually served. As the applicant had received a custodial term of imprisonment of 12 months, he failed the character test. In considering the exercise of discretion under section 501(1), the Tribunal was bound by Direction No. 65, which requires consideration of factors such as the protection of the Australian community from criminal conduct, the seriousness of the offending, the risk of reoffending, and the applicant's contribution to the Australian community. The Tribunal concluded that the applicant's offending, particularly the violent domestic violence incident involving a fractured arm and his subsequent untruthful statements to police, was serious and beyond excuse. The Tribunal also noted the applicant's history of contravening domestic violence orders and committing offences against vulnerable citizens.

The Tribunal affirmed the delegate's decision to refuse the Bridging visa, exercising the discretion under section 501(1) of the Act to refuse the visa on character grounds.