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

This matter concerned an application for a Partner (Provisional) (Class UF) visa by Mr P, sponsored by Ms Spano. A delegate of the Minister had refused the visa under subsection 501(1) of the *Migration Act 1958* (Cth) on character grounds. The Administrative Appeals Tribunal (AAT) affirmed this refusal decision. The AAT was required to determine whether Mr P passed the character test as defined in subsection 501(6) of the Act, and if not, whether the Tribunal should exercise its discretion under subsection 501(1) to refuse the visa.

The Tribunal considered various factors in its assessment, including the protection of the Australian community, the expectations of the Australian community, the applicant's presentation of bogus documentation upon entry to Australia, the credibility of evidence, and the best interests of minor children. The Tribunal also took into account Mr P's links to the Australian community. In its reasoning, the Tribunal weighed the primary considerations favouring refusal against those favouring the grant of the visa.

The Tribunal found that the weight attributable to the primary considerations for refusal outweighed those in favour of Mr P. Consequently, the Tribunal affirmed the decision to refuse to grant Mr P the visa, concluding that this was the correct or preferable decision based on the evidence and the terms of the Act and Direction 90. The Tribunal acknowledged the difficulty this decision would present for both Mr P and Ms Spano.