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

This matter concerned an application for a bridging visa by Mr Okoh, which had been refused under section 501(1) of the *Migration Act 1958* (Cth). The decision-maker found that Mr Okoh failed the character test due to having a substantial criminal record, as he had been sentenced to a term of imprisonment exceeding 12 months. The central issue before the court was the exercise of the discretion under section 501(1) of the Act.

The court was required to determine whether the refusal of Mr Okoh's bridging visa application under section 501(1) was the correct or preferable decision, considering the evidence before it. This involved a de novo review of the decision, meaning the court was to reach its own conclusion based on the material presented. The court acknowledged that Mr Okoh unequivocally failed the character test due to his criminal record.

In reaching its decision, the court considered the background facts, including Mr Okoh's educational achievements in Nigeria and Australia, his employment history as a lawyer and disability carer, and his family circumstances. The court accepted Mr Okoh's evidence that his brother had instigated the criminal enterprise, which involved using Mr Okoh's bank account for dishonest transactions that defrauded community members. While acknowledging Mr Okoh's participation in these transactions and his use of some of the funds for personal purposes, the court found that the exercise of the discretion under section 501(1) warranted a different outcome. The court ultimately set aside the decision under review and substituted a decision that Mr Okoh's application for a bridging visa not be refused.