Molloy and Minister for Immigration and Border Protection (Migration)

The Administrative Appeals Tribunal considered the case of Molloy and the Minister for Immigration and Border Protection concerning a skilled-nominated visa refusal. The applicant, a citizen of the Republic of Ireland, had resided in Australia since 2010 and faced visa refusal due to character grounds. The core of the dispute involved whether the applicant passed the character test as defined in section 501(6) of the Migration Act 1958 (Cth) and, if not, whether his visa application should be refused, taking into account the considerations outlined in Ministerial Direction No. 65.

The Tribunal was required to determine two primary issues: first, whether the applicant satisfied the character test, and second, if he did not, whether the discretion to refuse the visa should be exercised in his favour, considering the factors set out in Ministerial Direction No. 65. These factors include the protection of the Australian community from criminal and other serious conduct, and other considerations such as the impact on family members.

The Tribunal found the applicant to be a credible witness regarding his convictions for driving offences, including driving with a suspended licence, an unregistered and uninsured vehicle, and under the influence of alcohol. The applicant had completed a "Back on Track Education Program" and expressed regret for his actions. The Tribunal considered the impact on his sister, who expressed significant distress at his potential deportation, but ultimately gave this factor no weight. The Tribunal concluded that if it were to exercise its discretion under the Ministerial Direction, it would do so in favour of granting the visa. Consequently, the decision under review was set aside and substituted with a decision that the visa application should not be refused on character grounds.