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

This matter concerned an application for review of a decision to refuse a partner visa to an offshore applicant, Mr Singh, who had a substantial criminal record. The review applicant, QXNS, is Mr Singh's wife and an Australian citizen. The Administrative Appeals Tribunal (AAT) affirmed the decision to refuse the visa.

The Tribunal was required to consider whether to exercise the discretionary power to refuse Mr Singh a visa, having found that he did not pass the character test. This involved considering the relevant considerations outlined in Ministerial Direction No. 90, including the protection of the Australian community, the best interests of affected minor children in Australia, and the expectations of the Australian community. The Tribunal also had to consider other factors such as the impact on victims, links to the Australian community, and the effect on Mr Singh's Australian citizen wife.

In its reasoning, the Tribunal assessed the primary consideration of the protection of the Australian community by examining the nature and seriousness of Mr Singh's conduct, which included two offences committed in May and December 2011. The Tribunal also considered the best interests of four minor children affected by the decision, including QXNS's daughter, Miss QD, who was 14 years old and residing in Australia. The Tribunal found that while Mr Singh's relationship with Miss QD was not of long duration and had involved periods of absence, the evidence indicated it was a positive relationship. However, the Tribunal ultimately found that the primary consideration of protection of the Australian community was not engaged and weighed neutrally.

The Tribunal's decision affirmed the refusal of the partner visa.