Lumanovski and Minister for Home Affairs (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Mr Lumanovski, a citizen of the Former Yugoslav Republic of Macedonia, for review of a decision to refuse him a Bridging visa. Mr Lumanovski was in immigration detention at the time of the hearing. The Minister for Home Affairs was the respondent.

The primary legal issue before the Tribunal was whether Mr Lumanovski satisfied the character test under section 501(6) of the *Migration Act 1958* (Cth). This involved determining if his criminal conduct rendered him not of good character, and if so, whether the discretion to refuse the visa should be exercised, taking into account factors such as the risk of re-offending and the impact on his family and business interests.

The Tribunal reasoned that while Mr Lumanovski had engaged in criminal conduct and provided a false document in support of a visa application, his remorse and commitment to abstaining from alcohol, which he identified as a trigger for his past behaviour, were significant mitigating factors. The Tribunal also considered his strong desire to be reunited with his family in Australia, including his wife and son, and his efforts to re-establish a relationship with his son. The Tribunal concluded that Mr Lumanovski did not present an unacceptable risk of re-offending and that the discretion to refuse the visa should not be exercised.

Consequently, the Tribunal set aside the decision under review and substituted a decision that Mr Lumanovski not be refused a Bridging visa.