ZKYX and Minister for Home Affairs (Migration)

This matter concerned an application for a Bridging visa by a 22-year-old citizen of India, who had arrived in Australia in December 2016. The applicant had been granted a student visa which ceased in June 2018. Subsequently, on 30 November 2018, the applicant was sentenced by the District Court of Queensland for two counts of sexual assault, one count of possessing child exploitation material, and one count of doing an indecent act. The sentences imposed were wholly suspended. The applicant then applied for a Protection visa and a Bridging visa, the latter being the subject of this review. A Notice of Intention to Consider Refusal under s 501 of the *Migration Act 1958* (Cth) was issued, and despite multiple invitations to comment, no response was received from the applicant. The Bridging visa application was ultimately refused.

The Administrative Appeals Tribunal was required to determine whether the discretion to refuse the applicant's Bridging visa application should be exercised, particularly in light of the applicant's criminal conduct and the considerations outlined in Direction 79. This involved assessing whether the applicant's conduct weighed in favour of refusing the visa.

The Tribunal considered the primary consideration of protecting the Australian community from harm, as set out in paragraph 11.1 of Direction 79. It noted the low tolerance for visa applicants who have engaged in criminal or serious conduct and the need to consider the nature and seriousness of the applicant's conduct and the risk to the community. In assessing the nature and seriousness of the applicant's conduct, the Tribunal had regard to paragraph 11.1.1 of Direction 79, which specifies that violent and/or sexual crimes are viewed seriously, and crimes against women or children are viewed very seriously, regardless of the sentence imposed. The Tribunal found that the applicant's convictions for two counts of sexual assault, along with the other offences, were serious.

Consequently, the Tribunal exercised its discretion to refuse to grant the applicant's application for a Bridging visa. The decision under review was affirmed.