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

This matter concerned an appeal by ZJKT, a citizen of India, against the refusal of his Bridging Visa application. ZJKT had been in Australia since late 2006, initially on a Student Visa, and had since been involved in serious criminal offending. Following his conviction for offences including "Intentionally cause serious injury," he served a significant portion of his prison sentence before being taken into immigration detention in late 2018. The refusal of his Bridging Visa was based on him failing to pass the character test under section 501 of the *Migration Act 1958* (Cth). The Administrative Appeals Tribunal was required to determine whether to exercise the discretion to refuse the visa, considering the relevant ministerial directions and the specific circumstances of ZJKT's case.

The primary legal issue before the Tribunal was whether ZJKT met the character requirements for a visa, specifically whether he passed the character test as defined by the *Migration Act*. This involved assessing the seriousness of his offending conduct, the weight to be given to various primary and other considerations as outlined in the relevant ministerial direction, and ultimately, whether the discretion to refuse his visa should be exercised. The Tribunal also considered ZJKT's claims regarding potential harm in India and the impact on his limited family ties in Australia.

The Tribunal reasoned that ZJKT's offending, which involved premeditated and violent acts resulting in severe injury to one victim and lesser but still unprovoked violence against another, was extremely serious. It noted that the sentencing judge had expressed concern about ZJKT's potential for future violence. Despite ZJKT's claims of immaturity and difficulties adjusting to life in Australia, the Tribunal found his rehabilitative progress and insight into his conduct to be incomplete. The Tribunal applied the principle that primary considerations, such as the nature and seriousness of offending, should generally be given more weight than other considerations. It found that ZJKT posed a real and unacceptable risk of harm to the community, and that his claims regarding potential harm in India and the impact on his Australian family members were insufficient to outweigh the serious character concerns.

The Tribunal concluded that ZJKT did not pass the character test and that there was no reason to depart from the guidance that primary considerations should generally be given more weight. Consequently, the Tribunal affirmed the decision to refuse ZJKT's Bridging Visa application, finding that he constituted a real and unacceptable risk of harm to the Australian community.