Samithamby Thiyagaratnam and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

The applicant, Samithamby Thiyagaratnam, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the applicant's character for the purposes of a humanitarian visa, specifically whether he was of good character as required by the Migration Act 1958 (Cth). The matter was heard by Damien O'Donovan SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant was of good character, notwithstanding past instances of drug use and a conviction for dangerous driving occasioning death. The applicant had arrived in Australia on humanitarian visas at the age of 16 and had since adjusted reasonably well to life in Australia, learning English and living with his family. However, he had a period of daily marijuana use, had experimented with cocaine and ice around 2014, and had been hospitalised for schizophrenia between 2014 and 2015. Crucially, in January 2018, while driving at excessive speed and distracted by music, the applicant lost control of his vehicle, resulting in the death of a passenger. He pleaded guilty to dangerous driving occasioning death and was sentenced to two years imprisonment, to be served by way of intensive correction in the community.

In reaching its decision, the Tribunal considered the applicant's history of drug use and the serious consequences of his dangerous driving. It acknowledged the applicant's remorse and his subsequent good conduct, including ceasing drug use and complying with medication for his mental health condition. The Tribunal accepted the applicant's evidence that he had not used drugs or consumed alcohol in the years preceding the hearing and that he complied with his medication regime. The Tribunal weighed these positive factors against the gravity of the offence that led to a death.

The Tribunal affirmed the decision under review, finding that it was not satisfied that the applicant was of good character.