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

This matter concerned an application for review of the refusal to grant a Class WE Bridging E visa to VRHW. The visa was refused under section 501(1) of the *Migration Act 1958* (Cth) because the applicant did not pass the character test due to having a substantial criminal record. The decision was reviewed by the Administrative Appeals Tribunal.

The Tribunal was required to determine the weight to be given to various considerations under Ministerial Direction No. 90, particularly the primary considerations of the protection of the Australian community, the seriousness of the offending and future risk, and the expectations of the Australian community. The Tribunal also had to consider other relevant factors, including international non-refoulement obligations, the extent of impediments if removed, and the strength, nature, and duration of the applicant's ties to Australia.

In its reasoning, the Tribunal considered the applicant's convictions for stalking/intimidation of a minor and possession of child abuse material. While acknowledging the seriousness of these offences, the Tribunal noted that the applicant's sentence was reduced on appeal to a non-custodial sentence. The Tribunal found that the stalking and intimidation offences were serious due to the involvement of a child and the fear caused to the victim. It also noted that despite being asked to cease contact by the child's father, the applicant re-offended. The Tribunal ultimately gave greater weight to the primary considerations of protecting the Australian community and community expectations, finding that these outweighed other considerations favouring a visa grant.

Consequently, the Tribunal affirmed the decision to refuse to grant the applicant the WE Bridging E visa.