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

The applicant, Skedden, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the mandatory revocation of their Class TY Subclass 444 Special Category (temporary) visa under section 501(3A) of the *Migration Act 1958* (Cth). The dispute centred on whether the Minister's delegate had erred in exercising the discretion to refuse to revoke the visa cancellation, notwithstanding the applicant's failure to pass the character test. The matter was heard by Senior Member Rau of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the delegate had properly considered and applied Ministerial Direction No. 90, specifically in relation to the applicant's circumstances. This involved assessing the weight given to factors such as the applicant's significant criminal record that predated their entry into Australia and was not disclosed on their entry card, the presence of minor children in Australia, and allegations of family violence. The Tribunal was required to determine if the delegate's decision to affirm the cancellation was reasonable and lawful, having regard to the mandatory nature of the character test failure and the relevant discretionary considerations.

Senior Member Rau reasoned that the delegate had adequately considered the relevant factors outlined in Ministerial Direction No. 90. The Tribunal found that the delegate correctly identified the applicant's failure to pass the character test as a significant factor. While acknowledging the presence of minor children and the allegations of family violence, the Tribunal concluded that these factors did not outweigh the seriousness of the applicant's criminal history and the lack of candour upon entry. The delegate's assessment was found to be within the bounds of reasonableness, and the Tribunal affirmed the decision under review.