ZJYR and Minister for Home Affairs (Migration)

This matter concerned an application for review by ZJYR, a national of the Philippines, of the decision to refuse his Bridging E visa. ZJYR had entered Australia on a Temporary Work (Skilled) Visa and was later charged with sexual assault. Following this charge, the Minister issued a notice of intention to consider cancellation of ZJYR's visa under section 116 of the Act, on the basis that his presence in Australia posed a risk to the safety of the Australian community. Subsequently, a delegate of the Minister decided to cancel ZJYR's visa under s 116(1)(e)(i) of the Act. ZJYR then applied for a bridging visa, which was refused, leading to this application for review before the Administrative Appeals Tribunal.

The Tribunal was required to determine two central issues: firstly, whether ZJYR passed the character test as defined in section 501(6) of the Migration Act 1958 (Cth); and secondly, if he did not pass the character test, whether the Tribunal should exercise its discretion to not refuse the visa. In considering the character test, the Tribunal had regard to ZJYR's conviction for sexual assault, the sentence imposed, and the registration under the Sex Offenders Registration Act. The Tribunal also considered whether ZJYR posed a risk of engaging in criminal conduct, harassing, molesting, intimidating or stalking another person, or representing a danger to the Australian community or a segment thereof, particularly women.

The Tribunal reasoned that ZJYR's conviction for sexual assault, occurring within six months of his arrival in Australia, meant he did not pass the character test under section 501(6)(c)(i) of the Act. The Tribunal was satisfied that ZJYR's conduct indicated he failed the character test. Furthermore, the Tribunal considered the risk ZJYR might pose to the Australian community, particularly women, in light of the serious offence committed. The Tribunal noted that ZJYR had not demonstrated a commitment to Australia's laws and institutions, having committed a serious offence shortly after his arrival.

Consequently, the Tribunal affirmed the delegate of the Minister's decision to refuse ZJYR's application for a Bridging E visa under section 501(1) of the Migration Act.