Nigam and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa by Mr. Nigam, which was refused by the Minister for Immigration and Border Protection on character grounds. The decision was reviewed by Senior Member A Poljak of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the refusal of Mr. Nigam's visa was the correct and preferable decision, having regard to the primary considerations outlined in Direction 65 of the Migration Regulations 1994. These considerations included the protection of the Australian community from criminal or other serious conduct, the best interests of minor children in Australia, and the expectations of the Australian community.

In assessing the primary consideration of protecting the Australian community, the Tribunal noted the low tolerance for visa applicants with a history of criminal conduct. Mr. Nigam had been convicted of serious violent offences, including aggravated robbery and aggravated break and enter, involving physical restraint, threats of violence, and money laundering. The Tribunal found his conduct to be very serious, noting his role as a lookout and driver in these offences. While Mr. Nigam had a daughter in Australia, the Tribunal found no other considerations of material relevance. Consequently, the Tribunal affirmed the decision to refuse Mr. Nigam's visa, finding it to be the correct and preferable decision.