MSXY and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an appeal by the Applicant, MSXY, against the refusal of his Skilled Regional (Class VB) visa application. The core of the dispute revolved around whether the Applicant failed the character test under section 501(6)(d) of the *Migration Act 1958* (Cth) due to a risk of reoffending, specifically in the context of domestic violence incidents. The decision was made by the Tribunal.

The legal issues before the Tribunal were twofold: first, whether there was a risk that the Applicant would engage in criminal conduct in Australia if allowed to remain; and second, if such a risk existed, meaning he did not pass the character test, whether the discretion under section 501(1) of the Act should be exercised to refuse the visa. The Applicant had committed domestic violence against his wife, Ms A, on two occasions in 2017 and 2019, which included threats of violence.

The Tribunal found that while the Applicant had engaged in domestic violence, it was not satisfied that there was a more than minimal or remote chance that he would engage in criminal conduct if allowed to remain in Australia. Consequently, the Tribunal determined that the Applicant did not fail the character test under section 501(6)(d)(i) of the Act. The decision under review was set aside and substituted, with the Tribunal finding that the Applicant passed the character test and his visa application should not be refused under section 501(1).