Wilson (Migration)

The Administrative Appeals Tribunal considered the case of Mr Wilson, who sought review of a decision not to grant him a Special Category (Temporary) (Class TY) visa, Subclass 444. Mr Wilson had been sentenced to imprisonment for more than one year in his home country before migrating to Australia. He presented evidence of his family and work in Australia, including an employment reference, psychological assessment, and letters of support, and requested that the Tribunal refer his case to the Minister for consideration under section 351 of the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was whether Mr Wilson met the criteria for the grant of a Subclass 444 visa, specifically whether he was a "behaviour concern non-citizen" as defined by section 5 of the *Migration Act 1958* (Cth). This definition includes a non-citizen who has been convicted of two or more crimes and sentenced to imprisonment for periods that add up to at least one year. A secondary issue was whether the Tribunal should exercise its discretion to refer Mr Wilson's case to the Minister for potential intervention under section 351 of the Act.

The Tribunal reasoned that Mr Wilson's New Zealand criminal record, which included convictions for aggravated injury, kidnapping, and unlawfully taking a motor vehicle, resulted in a sentence of 15 months imprisonment, suspended for 18 months. As this sentence exceeded one year, the Tribunal concluded that Mr Wilson met the definition of a "behaviour concern non-citizen" and therefore did not satisfy the requirements of section 32(2)(a)(ii) of the *Migration Act 1958* (Cth) for the grant of the visa. While acknowledging Mr Wilson's submissions regarding his unblemished record in Australia, family ties, and employment, the Tribunal ultimately decided not to refer the matter to the Minister, noting that Mr Wilson could seek the Minister's intervention himself.

The Tribunal affirmed the decision not to grant Mr Wilson a Special Category (Temporary) (Class TY) Subclass 444 visa.