XGDG and Minister for Home Affairs (Migration)

This matter concerned an appeal by XGDG against the Minister for Home Affairs' refusal to grant him a protection visa. The primary dispute revolved around whether XGDG satisfied the character test under section 501 of the *Migration Act 1958* (Cth). The Administrative Appeals Tribunal was required to determine if XGDG met the character requirements for the visa, considering his past conduct and any risk he might pose to the Australian community.

The Tribunal was tasked with assessing XGDG's character in light of serious criminal charges he faced, which were subsequently withdrawn. This involved evaluating the circumstances surrounding his arrest and the allegations made against him, particularly his proximity to a serious offence committed by another individual, Mr MS. The Tribunal had to consider whether, despite the withdrawal of charges, XGDG presented a risk of engaging in criminal conduct in Australia, taking into account his past and present general conduct.

In its reasoning, the Tribunal acknowledged that it was not strictly bound by the considerations outlined in a specific Direction but should consider all relevant factors in the particular circumstances of the applicant. The Tribunal noted that XGDG had been charged with attempted murder, intentionally causing serious injury, reckless conduct endangering life, and unlicensed driving, stemming from an incident on 25 October 2016. However, XGDG provided evidence disputing aspects of the police summary of events, including his involvement in the argument and the actual commission of the offence. The Tribunal also noted that the respondent accepted that XGDG was owed protection under Australia's international obligations.

Ultimately, the Tribunal decided to set aside the delegate's decision and remit the matter to the respondent with a direction that XGDG's application for a Safe Haven Enterprise visa not be refused under section 501 of the *Migration Act 1958*.