TJZG and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

The Administrative Appeals Tribunal considered the case of TJZG and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the Minister's refusal to grant a visa to TJZG on character grounds, specifically relating to a past conviction in Greece. TJZG sought to impugn the conviction and sentence, and the Tribunal was asked to determine whether to exercise the discretion to refuse the visa under section 501 of the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was whether the discretion under section 501(1) of the *Migration Act 1958* (Cth) to refuse the visa should be exercised. This required the Tribunal to consider the principles outlined in Ministerial Direction No. 99, including the protection of the Australian community, the nature and seriousness of the offending conduct, the strength of the applicant's ties to Australia, community expectations, and any impediments to removal. The Tribunal also had to assess the seriousness of the applicant's conduct, which involved a conviction in Greece for seducing a minor under the age of ten, an offence equivalent to a felony.

The Tribunal reasoned that while the applicant's conviction was serious, the decision to refuse the visa was not the correct or preferable one. The Tribunal noted that the applicant had appealed his conviction and was convicted in absentia by the Appeals Court, which imposed a sentence of four years imprisonment with three years suspended. The Tribunal was satisfied that the applicant was aware of the conviction when he lodged his appeal. However, after considering all relevant material, the Tribunal concluded that the decision under review should be set aside.

The Tribunal ordered that the decision under review be set aside and remitted to the Respondent for reconsideration. Crucially, the Tribunal directed that the visa not be refused on character grounds under section 501 of the *Migration Act 1958* (Cth).