QBBP and Minister for Home Affairs (Migration)

This matter concerned an application by QBBP for review of a decision by the Minister for Home Affairs to cancel his Class TY Special Category (Subclass 444) Temporary visa under section 501(3A) of the *Migration Act 1958* (Cth) for failure to pass the character test. The Administrative Appeals Tribunal (AAT) was required to determine whether there was another reason why the visa cancellation decision should be revoked, applying Ministerial Direction No. 79. The Tribunal also considered a request for a confidentiality order by the applicant.

The legal issues before the Tribunal were twofold. Firstly, it had to determine whether the applicant passed the character test. If he failed the character test, the sole remaining issue was whether there was another reason why the visa cancellation decision should be revoked, a determination to be made in accordance with the principles outlined in Ministerial Direction No. 79. The Tribunal was also required to consider the applicant's request for a confidentiality order, balancing the general principle of open hearings under section 35 of the *Administrative Appeals Tribunal Act 1975* (Cth) with any reasons favouring non-disclosure.

The Tribunal reasoned that if the applicant failed the character test, the question of revocation involved a single process of assessing all relevant factors for and against revocation, rather than a two-stage approach. In applying Ministerial Direction No. 79, the Tribunal noted the primary considerations of protecting the Australian community from criminal conduct and the expectations of the Australian community. It also considered the applicant's time in Australia before offending commenced, and other relevant factors such as his contributions to the community and consequences for family members. The Tribunal granted the confidentiality order, finding that while hearings are generally public, it could make orders restricting disclosure, particularly where there are reasons in favour of doing so, such as the confidential nature of information. The Tribunal affirmed the decision to cancel the visa.