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

The Administrative Appeals Tribunal considered the case of Mr. Sekhon, a citizen of India, and the Minister for Immigration, Citizenship, and Multicultural Affairs. The dispute concerned the refusal of Mr. Sekhon's visa application, which was based on him failing the character test under section 501(6)(d)(i) of the *Migration Act 1958* (Cth). This section applies if there is a risk that the person would engage in criminal conduct in Australia if allowed to remain. Mr. Sekhon had a prior conviction for indecent assault in 2013 and had failed to disclose this conviction on previous visa applications and an Incoming Passenger Card.

The Tribunal was required to determine whether Mr. Sekhon failed the character test under section 501(6)(d)(i) of the *Migration Act*. This involved assessing whether there was more than a minimal or remote chance that he would engage in criminal conduct in Australia. The Tribunal also considered an application by Mr. Sekhon's wife, Ms. KB, to join the proceedings as a party, arguing that she had interests affected by the decision regarding her husband's visa.

In its reasoning, the Tribunal noted that the assessment under section 501(6)(d)(i) is future-focused and requires more than just evidence of past criminal conduct; it necessitates a risk of future criminal conduct. The Tribunal considered evidence of Mr. Sekhon's conviction, his subsequent completion of a community corrections order and a sex offender program, and his assertions of regret and changed circumstances, including his marriage and the birth of his children in Australia. It also took into account character references and expert evidence suggesting a minimal risk of recidivism. Regarding Ms. KB's joinder application, the Tribunal found that while affected parties have a right to be heard, her potential future interests were speculative and contingent on future events, and she had other avenues to address her concerns.

Ultimately, the Tribunal found that Mr. Sekhon did not fail the character test under section 501(6)(d)(i) of the *Migration Act*. The Tribunal set aside the delegate's decision to refuse the visa application and substituted a decision that the visa application be granted. The application by Ms. KB to join the proceedings as a party was declined.