Singh and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

The applicant, Mr Singh, sought judicial review of a decision by the Migration Review Tribunal (MRT) concerning his application for a Class VB visa. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the respondent. The core of the dispute revolved around the applicant's character assessment for the purpose of visa grant under section 501(1) of the *Migration Act 1958* (Cth). The decision under review was made by the MRT.

The primary legal issue before the court was whether the MRT had erred in its assessment of the applicant's character, specifically in determining whether the applicant passed the character test as required by section 501(1). This involved considering whether the Tribunal had correctly applied the relevant legislative provisions and any applicable ministerial directions, such as Direction No. 90, in reaching its conclusion. The court also had to determine if the Tribunal's finding that the applicant passed the character test was open to it on the evidence.

The court found that the Tribunal had correctly concluded that there was no basis to suggest the applicant did not pass the character test. Having considered all the circumstances, the Tribunal was entitled to form the view that the applicant passed the character test. Consequently, the discretion to refuse to grant the visa under section 501(1) did not arise. The court therefore set aside the decision under review and remitted it to the Department with a direction that the visa not be refused under section 501(1) of the Act.