Shangula and Minister for Home Affairs (Migration)

The applicant, Mr Fuad Shangula, a dual Danish-Iraqi citizen, sought to appeal the Minister for Home Affairs' refusal of his eVisitor (Class TV) (subclass 651) visa. Mr Shangula applied to visit Australia for a family wedding and to see relatives. In his visa application, he disclosed a conviction in Denmark for an offence under section 244 of the Danish Criminal Code, for which he received a 30-day suspended sentence with a one-year probation period, expiring in May 2018. The Department of Home Affairs refused his visa application on character grounds.

The primary legal issue before the Administrative Appeals Tribunal was whether Mr Shangula satisfied the character test as defined by the Migration Act 1958 (Cth). Specifically, the Tribunal was required to assess the risk of Mr Shangula engaging in criminal conduct in Australia, considering the nature of his single offence, the wholly suspended and short sentence, and the fact that his probation period had expired without further offending.

The Tribunal, presided over by D. J. Morris SM, considered the evidence presented, including documents from the Danish Probation Service. The Tribunal reasoned that while Mr Shangula had a conviction, it was for a relatively minor offence, and the sentence was suspended. Crucially, the probation period had concluded without any further incidents. The Tribunal found that there was no evidence to suggest a significant risk of Mr Shangula engaging in criminal conduct in Australia.

Consequently, the Tribunal determined that Mr Shangula satisfied the character test. The decision of the Minister for Home Affairs to refuse the visa was set aside, and the matter was remitted to the Minister for reconsideration. The Tribunal also requested written reasons for the decision.