RGCZ and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

The case involved RGCZ, the sponsor of an applicant for a Partner (Provisional) (Class UF) visa, seeking review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse the visa. The refusal was based on the applicant failing to pass the character test under section 501(1) of the *Migration Act 1958* (Cth), specifically due to a risk of engaging in criminal conduct in Australia. The Tribunal had previously affirmed this refusal, but that decision was quashed on appeal and remitted for a fresh review. The court was required to determine whether the applicant passed the character test and, if not, whether to exercise the discretion to refuse the visa.

The court was required to consider the primary and other considerations outlined in Direction 99, including the protection of the Australian community, whether the conduct engaged in constituted family violence, the strength of ties to Australia, the best interests of minor children in Australia, and the expectations of the Australian community. The court was also obliged to give appropriate weight to information from independent and authoritative sources.

The court found that it was not satisfied the applicant passed the character test. However, in exercising the discretion under section 501(1) of the *Migration Act*, the court determined that refusing the visa would not be in the best interests of the relevant children, Mr S1, Ms D1, and Mr S2. This consideration was given significant weight, particularly due to the applicant's likely provision of material assistance in the care of Mr S1 and Mr S2, who suffer from medical conditions, and the consequent ameliorating effect on Ms D1. The court ultimately decided to set aside the visa refusal decision and, in substitution, not to refuse to grant the applicant a visa.