Morris v Minister for Immigration and Border Protection

This matter concerned an application for review of a delegate of the Minister's decision to refuse a Partner (Provisional) (Class UF) visa, subclass 309. The refusal was based on the applicant, Mr Kumar, not passing the character test under section 501 of the *Migration Act 1958* (Cth), due to five traffic offences committed within a three-year period. The applicant's sponsor sought review of this decision.

The Administrative Appeals Tribunal was required to determine two issues. Firstly, whether Mr Kumar passed the character test as prescribed by section 501 of the *Migration Act*. Secondly, if Mr Kumar did not pass the character test, the Tribunal had to consider whether to exercise its discretion to grant the visa, having regard to the considerations outlined in Ministerial Direction No. 65, which includes the protection of the Australian community.

The Tribunal considered that the traffic offences, while not crimes of particular concern, were still "criminal offences" for the purposes of the character test. It found that Mr Kumar did not pass the character test due to the frequency of these offences. In considering the exercise of discretion, the Tribunal weighed the risk to the Australian community against the impact on family members. Ultimately, the Tribunal found that Mr Kumar was not of good character and affirmed the delegate's decision to refuse the visa.