Maksoud and Minister for Home Affairs (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to refuse a Bridging E (Class WE) Visa under section 501(1) of the *Migration Act 1958* (Cth). The refusal was based on the applicant failing to pass the character test, as defined in section 501(6) of the Act, due to the possession of prohibited and illegal drugs. The delegate determined that such possession indicated a future risk to the Australian community due to the potential for increased aggression and violence associated with illicit steroid use. The Administrative Appeals Tribunal (AAT) heard the application for review.

The AAT was required to determine whether the applicant passed the character test, considering his past and present general conduct and whether his actions demonstrated a disregard for the laws of Australia. Furthermore, the Tribunal had to consider whether to exercise its discretion to refuse the visa, taking into account Ministerial Direction No. 79, which mandates consideration of the protection and expectations of the Australian community, as well as non-refoulement obligations.

In its reasoning, the Tribunal acknowledged the delegate's finding regarding the potential for aggression and risk to the community stemming from the applicant's drug possession. However, the Tribunal also considered other pertinent factors, including attempts by friends of the applicant to visit him while he was in detention, during which drugs were detected on those individuals, although the consumption of those drugs by the friends was inconclusive. The Tribunal noted that the applicant had no children in Australia. Applying principles from Ministerial Direction No. 79, the Tribunal considered the low tolerance for non-citizens engaging in serious conduct and the risk to the Australian community. It also referenced case law emphasizing that community expectations, while important, require a reasonable judgment based on the nature and character of the offences, acknowledging that the community is not completely intolerant of risk.

The Tribunal affirmed the decision of the Minister.