Singh and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for a partner visa by Mr Singh, which was refused by the Minister for Immigration and Border Protection on the grounds that the applicant failed to pass the character test due to a substantial criminal record. The decision was reviewed by Professor M McGrowdie, Senior Member.

The primary legal issue before the Senior Member was whether to exercise the discretion to grant the visa, notwithstanding the failure to pass the character test. This involved considering the factors outlined in Ministerial Direction No 65, including the protection of the Australian community, the seriousness and nature of the applicant's criminal conduct, the risk of repetition, the expectations of the Australian community, and the impact on victims and the applicant's family.

In reaching the decision, the Senior Member considered the "other considerations" under Ministerial Direction No 65. While acknowledging an impact on the applicant's wife, who was pursuing a career in Australia and was included on a separate visa application, the Senior Member found that there would be no adverse effect on the victims of the applicant's conduct, including his wife, at that time. Weighing all the factors, the Senior Member concluded that the balance of considerations did not favour the grant of a visa.

Consequently, the Senior Member affirmed the original decision of the Delegate to refuse the visa.