The Trustee for the Fuzzy Events Unit Trust and Minister for Home Affairs (Migration)

The applicant, The Trustee for the Fuzzy Events Unit Trust, sought review of a decision by the Minister for Home Affairs to refuse a visa to Mr. Adenuga, a musician known as "Skepta." Mr. Adenuga was scheduled to perform a series of concerts in Australia. The dispute centred on whether Mr. Adenuga met the character test for visa eligibility, given his criminal history, and, if not, whether the Minister should exercise discretion to grant the visa. The matter was heard by Deputy President Stevenson J.

The court was required to determine two primary legal issues. First, whether Mr. Adenuga failed to pass the character test under section 501(6)(a)(i) of the *Migration Act 1958* (Cth), which concerns the risk that a person might engage in criminal conduct in Australia. Second, if Mr. Adenuga did not pass the character test, the court had to consider whether to exercise the discretion under section 501(1) of the Act to grant the visa, having regard to Ministerial Direction No. 65.

The court reasoned that Mr. Adenuga's criminal history, which included offences of recklessly causing injury and common assault, did not necessarily mean he failed the character test. The court noted that the Sentencing Act 1991 (Vic) requires consideration of the offender's character and past history when deciding whether to record a conviction. Furthermore, the court considered the principles outlined in Ministerial Direction No. 65, which emphasize Australia's sovereign right to determine entry, community expectations regarding serious criminal conduct, and the potential impact of a refusal on Australian businesses. The court found that while Mr. Adenuga had a criminal history, the circumstances of his offending, his remorse, and the positive impact on Australian businesses if the visa were granted, weighed in favour of exercising discretion.

Ultimately, the court concluded that the decision of the Delegate to refuse the visa was not the correct or preferable one. The court set aside the Delegate's decision and, in substitution, exercised the discretion under section 501(1) of the Act so as not to refuse the visa to Mr. Adenuga.