Martin and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for a Bridging E visa by Mr. Colin Martin, who sought to challenge the decision of the Minister for Immigration and Border Protection to refuse his visa. The Administrative Appeals Tribunal was tasked with determining whether Mr. Martin passed the character test as required by the *Migration Act 1958* (Cth) and, if not, whether to exercise the discretion to grant the visa despite this.

The Tribunal was required to consider whether Mr. Martin satisfied the character test, specifically whether he had a substantial criminal record as defined by section 501(7)(c) of the *Migration Act*, and if he did not pass the character test, whether to exercise the discretion under section 501(1) to grant the visa. In exercising this discretion, the Tribunal was directed to consider the protection of the Australian community from criminal or other serious conduct, the best interests of minor children in Australia, and any other relevant matters.

The Tribunal found that Mr. Martin possessed a substantial criminal record due to his conviction for armed robbery, which resulted in a sentence of two years imprisonment in a Youth Justice Centre. Consequently, he did not pass the character test. In considering the exercise of discretion, the Tribunal noted the seriousness and increasing frequency of Mr. Martin's offending, which began at age 15 with property damage and escalated to include unlawful assault, aggravated burglary, and armed robbery. While acknowledging Mr. Martin's submissions regarding his remorse, immaturity at the time of offences, and desire for rehabilitation, the Tribunal concluded that the primary considerations of protecting the Australian community and the nature of his criminal history outweighed any factors in favour of granting the visa.

Accordingly, the Tribunal affirmed the decision of 16 February 2018 to refuse to grant Mr. Martin a Bridging E (Class WE) Visa.