MKKR and Minister for Immigration and Border Protection (Migration)

The applicant, MKKR, sought judicial review of a decision by a delegate of the Minister for Immigration and Border Protection to refuse her application for a Bridging E (Class WE) visa. The refusal was based on the applicant failing to pass the character test under section 501 of the *Migration Act 1958* (Cth). The matter came before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the discretionary power to refuse the grant of the visa should be exercised, notwithstanding the applicant's failure to pass the character test. A further issue concerned the admissibility and weight of opinion evidence presented by the applicant, specifically whether the facts upon which the expert opinion was based had been proven or agreed.

The Tribunal affirmed the delegate's decision. It reasoned that the opinion evidence presented by the applicant was not relevant to the extent that the underlying facts were not agreed or ultimately found by the Tribunal. The Tribunal applied the principle that expert opinion evidence is only admissible and relevant to the extent that the factual basis upon which it rests is established. In this instance, the Tribunal found that the applicant had not established the necessary facts to support the expert opinion.

Consequently, the Tribunal affirmed the decision of the delegate dated 8 April 2016, refusing the applicant a Bridging E (Class WE) visa.