RWXF and Minister for Immigration and Border Protection (Migration)

This matter concerned the review of a decision to refuse a Bridging E visa application made by the Applicant, RWXF, a New Zealand citizen, before the Administrative Appeals Tribunal. The Applicant had a lengthy criminal history in New Zealand and an offence committed in Australia. Her visa had previously been cancelled, and she had been unlawfully in Australia for a significant period before being detained. The core dispute revolved around whether the Applicant satisfied the character test under the Migration Act 1958 (Cth) and, if not, whether the discretion to refuse the visa should be exercised.

The Tribunal was required to determine whether the Applicant met the character test, which involved assessing her past and present criminal conduct and the risk she posed to the Australian community. Additionally, the Tribunal had to consider whether to exercise its discretion to refuse the visa, taking into account factors such as the best interests of her minor Australian citizen son, the expectations of the Australian community, and any other relevant considerations. The Applicant contended that her criminal history was minor, that she had not offended for seven years, and that her past conduct was influenced by mitigating circumstances.

In its reasoning, the Tribunal considered the Applicant's extensive criminal record, including numerous convictions for fraud, driving offences, and drug-related matters, as well as her period of unlawful status in Australia. It weighed these against her claims of rehabilitation, her current circumstances including her marriage and the birth of her Australian citizen son, and her stated fear of harm if returned to New Zealand. The Tribunal also took into account the Applicant's submissions regarding the impact on her son and the support network she had established. The Tribunal ultimately found that the Applicant did not satisfy the character test.

The Tribunal affirmed the decision to refuse the visa. It concluded that the Applicant had not demonstrated that she satisfied the character test, and therefore, the discretion to refuse the visa was exercised.