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

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse the applicant a bridging visa. The refusal was based on the applicant failing to pass the character test under section 501(1) of the *Migration Act 1958* (Cth). The applicant sought review of this decision before the Tribunal.

The Tribunal was required to determine two primary issues: first, whether the applicant passed the character test as defined by section 501(6) of the *Migration Act*; and second, if the applicant did not pass the character test, whether the discretion to refuse the visa should be exercised, having regard to the considerations outlined in Direction No. 79. The applicant contended that he was not a criminal, posed no risk to the public, and that the incident leading to the refusal was an isolated argument with his partner, for which he expressed regret. The respondent argued that the applicant's conduct met the criteria for failing the character test under sections 501(6)(c) and (d), presented an ongoing risk to the community, and that the community's expectations favoured refusal.

The Tribunal considered CCTV footage depicting a violent altercation between the applicant and his partner. While acknowledging the footage was at times unclear and obscured, the Tribunal observed significant physical force used by the applicant against his partner. The Tribunal noted that if the applicant satisfied it that he passed the character test, the refusal decision would be set aside, and the matter remitted to the respondent for finalisation of the visa consideration under section 65 of the *Migration Act*, with a direction that the applicant passes the character test for the purposes of section 501(1).