Oluwafemi and Minister for Home Affairs (Migration)

This matter concerned an appeal by the applicant, Mr. Oluwafemi, against the Minister for Home Affairs' decision to refuse his partner visa application. The refusal was based on the applicant failing to pass the character test due to serious criminal offending in Australia, specifically two incidents of domestic violence against his wife. The delegate's decision to refuse the visa was made pursuant to Ministerial Direction 65, which requires consideration of factors such as the protection of the Australian community, the nature and seriousness of the conduct, the risk to the community, and the best interests of any children.

The primary legal issues before the court were whether the applicant met the character requirements for the visa and, if not, whether there were compelling reasons to grant the visa despite this failure, in accordance with Ministerial Direction 65. This involved assessing the applicant's credibility, the seriousness of his past conduct, the risk of reoffending, and the impact of a refusal on his Australian citizen child and wife. The court was also required to consider the applicant's claims regarding safety in Nigeria and the potential impact on his wife's education and employment prospects.

The court found that the applicant had deliberately lied in his evidence regarding the circumstances of his offending, particularly concerning the first incident of domestic violence in 2014 and a second incident in 2017. The court accepted the original police complaints and sentencing court findings regarding the assaults, finding the applicant's explanations to be unbelievable and indicative of a lack of credit. Applying Ministerial Direction 65, the court weighed the seriousness of the applicant's conduct and the risk of reoffending against other considerations. While acknowledging the significance of the applicant's relationship with his four-year-old son, for whom he had been the sole carer, the court gave little weight to the impact on his wife, noting she was also a victim and desired his presence. The court concluded that the principles and considerations in Direction 65 weighed heavily in favour of refusing the visa.

Consequently, the delegate's decision to refuse the visa was affirmed.