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

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse a Partner (Temporary) (Class UK) visa to the applicant, a citizen of Papua New Guinea. The applicant had a substantial criminal record, including multiple convictions for contravening domestic violence orders, and had failed to satisfy the character test. The Administrative Appeals Tribunal was required to determine whether to affirm the Minister's decision to refuse the visa.

The Tribunal was required to consider the applicant's criminal history, his failure to pass the character test, and the discretionary power to refuse the visa under section 501 of the Migration Act 1958 (Cth). This involved assessing the weight to be given to various factors, including the applicant's personal circumstances, his engagement with rehabilitation programs, and the evidence presented regarding his alleged abstinence from alcohol and offending behaviour. The Tribunal also had to consider the application of Direction No. 90, which provides guidance on the exercise of the Minister's discretion under section 501.

The Tribunal found that the applicant's claims regarding his abstinence from alcohol were inconsistent and unreliable, as evidenced by differing statements made over time and corroborated by police reports. It also noted a lack of independent corroboration for claims about the death of uncles being a catalyst for his offending. Applying the principles from *Jagroop v Minister for Immigration and Border Protection*, the Tribunal concluded that the weighing of the evidence was a matter for the decision-maker. Despite the applicant's participation in counselling and rehabilitation programs, the Tribunal found that his criminal history, particularly the repeated contraventions of domestic violence orders, weighed heavily against granting the visa.

The Tribunal affirmed the reviewable decision to refuse the visa.